Opinion
No. 04-06-00269-CV
Delivered and Filed: May 17, 2006.
This proceeding arises out of Cause No. 2001-CR-6420, styled State of Texas v. Phillip B. Pitts, pending in the 175th Judicial District Court, Bexar County, Texas, the Honorable Mary Román presiding.
Petition for Writ of Mandamus Denied.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Relator Phillip B. Pitts, an inmate appearing pro se, seeks a writ of mandamus compelling the trial court to correct the judgment in the underlying criminal matter to reflect an additional thirty days of presentence jail time credit. Pitts represents that he filed a nunc pro tunc motion with the trial court seeking 246 days of presentence jail time credit but the trial court entered an order nunc pro tunc giving him only 216 days of presentence jail time credit. A trial court's failure to enter a nunc pro tunc order reflecting presentence jail time credit is reviewable by a petition for a writ of mandamus. Ex parte Ybarra, 149 S.W.3d 147, 148-49 (Tex.Crim.App. 2004); In re Daisy, 156 S.W.3d 922, 924 (Tex.App.-Dallas 2005, orig. proceeding) (directing the trial court to enter a nunc pro tunc order giving relator presentence jail time credit when the mandamus record showed that the relator was confined during the relevant time period). However, as is the case with any mandamus proceeding, the relator has the burden to provide a record sufficient to establish his right to mandamus relief. Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); Tex.R.App.P. 52.7(a)(1) (relator must file with his petition a copy of every document that is material to his claim for relief and that was filed in any underlying proceeding). In this case, Pitts has not provided a mandamus record sufficient to establish his right to the relief requested. For example, Pitts's petition is not accompanied by copies of the original judgment, the nunc pro tunc motion, or the nunc pro tunc order entered by the trial court. Accordingly, the petition for a writ of mandamus is denied.