Opinion
NO. WR-87,501-01
10-25-2017
EX PARTE RASHOD EMERY ALLEN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. B20485-1706 IN THE 64TH DISTRICT COURT FROM HALE COUNTY
Per curiam. ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to engaging in organized criminal activity, and was sentenced to ten years' imprisonment.
After a review of the records, we find that Applicant's claims pertaining to a charge of sexual assault of a child that was apparently dismissed when he pleaded guilty to this charge are without merit. Therefore, they are denied. Applicant's remaining claim concerning the denial of pre-sentencing credit for time spent in confinement prior to his plea is dismissed. Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004) (Where an inmate seeks pre-sentence jail time credit, "[t]he appropriate remedy in this situation is to require Applicant to present the issue to the trial court by way of a nunc pro tunc motion, . . . [and] [i]f the trial court fails to respond, Applicant is first required to seek relief in the Court of Appeals, by way of a petition for a writ of mandamus, unless there is a compelling reason not to do .") Filed: October 25, 2017
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