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 robbery and assault on a public servant, and punishment was assessed at five years in prison for each offense. No appeals were taken from these convictions.
Applicant contends that he is not receiving credit for all of the time that he spent confined prior to sentencing in cause numbers 970D05184 and 960D05014. The record reveals that Applicant was incarcerated for a total of 211 days in cause number 970D05184, but the nunc pro tunc judgment reflects 200 days of credit. Thus, Applicant is entitled to eleven additional days of credit in cause number 970D05184. In cause number 960D05014, Applicant was given 202 days of credit, but the record shows that he was incarcerated for a total of 213 days; thus, he is entitled to an additional eleven days of credit in this cause.
Habeas corpus relief is granted to the extent that in cause numbers 970D05184 and 960D05014 from the 41st District Court of El Paso County, the Texas Department of Criminal Justice, institutional division, is ordered to grant Applicant the appropriate credit mentioned above.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, institutional division, and Board of Pardons and Paroles Division.
DELIVERED: May 7, 2003
DO NOT PUBLISH