This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure. Applicant was convicted of driving while intoxicated and was sentenced to six years in prison. No appeal was taken from this conviction.
Applicant contends, inter alia, that he is not receiving credit for all of the time that he spent confined on this cause prior to trial. The judgment reflects that Applicant is entitled to 94 days of credit, from March 14, 2000, to June 15, 2000; however, this time does not appear to have been credited to Applicant's sentence.
Habeas corpus relief is granted to the extent that in cause number 27823-361 from the 361st District Court of Brazos County, the Texas Department of Criminal Justice, Institutional Division, is ordered to grant Applicant, if it has not already done so, credit for the above-mentioned time period.
Applicant's remaining claims are denied.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice, Institutional Division, Paroles Division, and Board of Pardons and Paroles Division.
DELIVERED: February 11, 2004
DO NOT PUBLISH