Opinion
NO. 09-14-00114-CR
04-09-2014
IN RE GEORGE JONES
Original Proceeding
MEMORANDUM OPINION
A petition for writ of mandamus filed by George Jones seeks to compel the judge of the 410th District Court of Montgomery County to add five days of presentence jail time credit for time Jones spent in jail from October 8, 2003 to October 13, 2003. See Ex parte Florence, 319 S.W.3d 695, 696 (Tex. Crim. App. 2010). The State's response to the petition includes a judgment nunc pro tunc that adds five additional days to the jail time credit listed in the original judgment. The judgment nunc pro tunc was signed before the relator filed his petition for writ of mandamus. Because the relator has not shown that he has been denied presentence jail time credit, we deny the petition for writ of mandamus. See In re Brown, 343 S.W.3d 803, 804-05 (Tex. Crim. App. 2011) (mandamus relief is available only if the right to additional pre-trial jail time credit is absolutely indisputable).
The mandamus record does not show whether the relator was notified that the judgment nunc pro tunc had been signed.
PETITION DENIED.
PER CURIAM Do Not Publish Before McKeithen, C.J., Horton and Johnson, JJ.