This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Article 11.07, V.A.C.C.P. Applicant pleaded guilty to forgery and was placed on community supervision for five years. Subsequently, the trial court revoked Applicant's community supervision and sentenced him to eighteen months in state jail. No direct appeal was taken.
Applicant contends that he has not received credit for the time he was confined in this cause. Applicant is not entitled to credit for the time confined before entering his plea, but he is entitled to the time he spent confined pursuant to a motion to revoke his release. See Ex parte Bates, 978 S.W.2d 575 (Tex. Crim. App. 1998); See also Ex parte Harris, 946 S.W.2d 79 (Tex. Crim. App. 1997). The record reflects that Applicant is entitled to a total of 162 days of credit for the following periods of incarceration: from January 6, 2001, through January 11, 2001; from June 8, 2001, through September 13, 2001; and from February 21, 2002, through April 19, 2002. However, the judgment reflects only 119 days of credit; thus, Applicant should receive an additional 43 days of credit.
Relief is granted in part. The Texas Department of Criminal Justice, Institutional Division, shall credit Applicant for the period of confinement mentioned above, and shall correct their records accordingly.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Institutional Division.
DO NOT PUBLISH
DELIVERED: April 16, 2003