Opinion
No. 04-09-00434-CR
Delivered and Filed: August 26, 2009. DO NOT PUBLISH.
Original Mandamus Proceeding. PETITION FOR WRIT OF MANDAMUS DENIED AS MOOT.
This proceeding arises out of Cause Nos. 1998CR6656 and 1999CR2488, styled State of Texas v. RaymondSchreiner, in the 144th Judicial District Court, Bexar County, Texas, the Honorable Catherine Torres-Stahl presiding.
Sitting: PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
On July 17, 2009, relator Raymond Schreiner filed a petition for writ of mandamus, seeking to compel the trial court to enter a nunc pro tunc order modifying his judgment of conviction to reflect additional pre-sentence jail time credit. Relator filed a motion for nunc pro tunc in the trial court, which was denied on March 25, 2008. Relator asserts the trial court failed to give him 222 days of pre-sentence jail time credit. We requested a response from the respondent and the real party in interest. The Honorable Catherine Torres-Stahl filed a response, asserting that relator was given all of the pre-sentence jail time credit he is entitled to. In Cause No. 1998CR6656, relator was arrested on October 16, 1998, sentenced on August 2, 1999, and was given 291 days of pre-sentence jail time credit. In Cause No. 1999CR2488, relator was arrested on May 27, 1999, sentenced on August 2, 1999, and was given 68 days of pre-sentence jail time credit. According to the record, relator was given the appropriate amount of pre-sentence jail time credit. Accordingly, we DENY the petition for writ of mandamus.