Opinion
NO. WR-68,662-03
06-22-2016
EX PARTE RONALD S. KINCADE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 20100D04303-120-1 IN THE 120TH DISTRICT COURT FROM EL PASO 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 continuous violence against the family and originally received ten years' community supervision. His community supervision was later revoked and he was sentenced to three years' imprisonment.
In the instant application, Applicant alleges that he is not receiving the appropriate amount of credit for time he was confined prior to the revocation of his community supervision. He also alleges that the indictment was defective, that he received ineffective assistance of counsel, and that his conviction violates the constitutional prohibition on double jeopardy.
After a review of the record, we find that Applicant's claims challenging the merits of his conviction are without merit. Therefore, we deny relief. Applicant's remaining claim concerning the denial of time credit spent in confinement prior to the revocation of his community supervision 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: June 22, 2016
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