IN THE COURT OF CRIMINAL APPEALS
OF TEXAS



NO. 74,702

 

EX PARTE ROY LEE COKER, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM WILSON COUNTY
 Per Curiam.
 
O P I N I O N



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 forgery. Punishment was assessed fifteen months confinement in a state jail facility. No appeal was taken from this conviction. Applicant contends that he is not being awarded credit for time he spent confined pending a motion to revoke his community supervision in this cause. Specifically, Applicant contends that he has not received credit for the time he spent confined on this sentence from June 6, 2001, until November 13, 2001, pursuant to a motion to revoke his community supervision.

The record reflects that Applicant was confined, pending a motion to revoke community supervision in this cause, from August 24, 2001, until November 13, 2001. The record also reflects that Applicant has not been given jail time credit for this period. Applicant is entitled to relief. See Ex parte Bates, 978 S.W.2d 575 (Tex. Crim. App. 1998).

Relief is granted. The officials at the Texas Department of Criminal Justice - State Jail Division are hereby ordered to amend Applicant's records in cause number 00-05-063-CRW in the 81st Judicial District Court of Wilson County to reflect additional time credit to cover the period from August 24, 2001, until November 13, 2001.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice, State Jail, Institutional and Pardons and Paroles Divisions.



DELIVERED: July 2, 2003

DO NOT PUBLISH