IN THE COURT OF CRIMINAL APPEALS
OF TEXAS



NO. 74,577

 

EX PARTE TONY LEE BROWN, Applicant



ON APPLICATION FOR A WRIT OF HABEAS CORPUS
FROM McLENNAN 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 two counts of robbery. Punishment was assessed at ten years imprisonment. No direct appeal was taken from this conviction.

Applicant contends that he is being denied time credit for a period he spent incarcerated in juvenile detention while awaiting certification to stand trial as an adult in this cause.

The trial court has entered findings of fact and conclusions of law, supported by the record, recommending that relief be granted. Specifically, the trial court found that Applicant was not given credit in the judgment for the period from January 24, 1995 until April 27, 1995, during which time Applicant was incarcerated in a juvenile detention center prior to being certified as an adult in this cause. A juvenile certified to stand trial as an adult is entitled to time credit for periods spent in juvenile detention while awaiting certification. Ex parte Gomez, 15 S.W.3d 103 (Tex. Crim. App. 2000). Applicant is entitled to relief.

Relief is granted. The officials at the Texas Department of Criminal Justice -- Institutional Division, are hereby ordered to amend Applicant's records to reflect additional time credit in Cause Number 95-352-C in the 54th Judicial District Court of McLennan County, for the period from January 24, 1995, until April 27, 1995, unless such credit is already being given.

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

DELIVERED: February 26, 2003

DO NOT PUBLISH