These are post-conviction applications for writ of habeas corpus filed pursuant to the provisions of Article 11.07, V.A.C.C.P. Applicant was convicted of two offenses of driving while intoxicated, and punishment was assessed at three years in prison for each offense. No appeals were taken from these convictions.
Applicant contends, inter alia, that he is not receiving credit for all of the time that he spent confined prior to sentencing in cause numbers 20000D01628 and 20010D05581. The record reveals that Applicant was incarcerated for a total of 308 days in cause number 20000D01628, but the judgment reflects 307 days of credit. Thus, Applicant is entitled to one additional day of credit in cause number 20000D01628. In cause number 20010D05581, Applicant was given 86 days of credit, but the record shows that he was incarcerated for a total of 89 days; thus, he is entitled to an additional three days of credit in this cause.
Habeas corpus relief is granted to the extent that in cause numbers 20000D01628 and 20010D05581 from the 384th District Court of El Paso County, the Texas Department of Criminal Justice, institutional division, is ordered to grant Applicant the appropriate credit mentioned above.
Applicant's remaining claims are denied.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, institutional division, and Board of Pardons and Paroles Division.
DELIVERED: April 9, 2003
DO NOT PUBLISH