Opinion
NO. 09-16-00023-CR
02-10-2016
IN RE RICHARD BENJAMIN STANG
Original Proceeding 411th District Court of Polk County, Texas
Trial Cause No. 23726
MEMORANDUM OPINION
Richard Benjamin Stang filed a petition for writ of mandamus seeking a judgment nunc pro tunc for pre-sentence jail time credit. To be entitled to mandamus relief, the relator must demonstrate that he is indisputably entitled to relief. In re Brown, 343 S.W.3d 803, 805 (Tex. Crim. App. 2011) (orig. proceeding). To be entitled to jail time credit for the time a person is incarcerated before conviction, he must have been incarcerated for the case in which he is ultimately tried and convicted. Collins v. State, 318 S.W.3d 471, 473 (Tex. App.—Amarillo 2010, pet. ref'd). The records that Stang included in his mandamus record do not show that the trial court failed to award jail time credit for time that Stang spent in jail for the case. See generally Tex. Code Crim. Proc. Ann. art. 42.03, § 2(a) (West Supp. 2015). Accordingly, we deny the petition for a writ of mandamus.
PETITION DENIED.
PER CURIAM Submitted on February 9, 2016
Opinion Delivered February 10, 2016
Do Not Publish Before Kreger, Horton, and Johnson, JJ.