ON APPLICATION FOR A WRIT OF HABEAS CORPUS
This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, V.A.C.C.P. Applicant was convicted of possession of less than one gram of cocaine and punishment was assessed at one year confinement in a state jail after community supervision was revoked. No appeal was taken from this conviction.
Applicant contends that he has not been given credit for all the time he was confined in this cause before his community supervision was revoked. The trial court found that Applicant was confined on a motion to revoke community supervision from June 3, 2002, until the community supervision was revoked on June 25, 2002, and the judgment reflects Applicant did not receive credit for this time. Applicant is entitled to relief. Ex parte Bates, 978 S.W.2d 575 (Tex. Crim. App. 1998).
Relief is granted. The Texas Department of Criminal Justice, state jail division, shall credit Applicant's sentence in cause number 99-0128-CR in the 36th Judicial District Court of Aransas County for the period from June 3, 2002, to June 24, 2002.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, state jail division.
DELIVERED: June 4, 2003
DO NOT PUBLISH