Opinion
NO. WR-88,061-01
03-07-2018
EX PARTE DONAVEN LEE MARSHALL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 08-0333X(A) IN THE 71ST DISTRICT COURT FROM HARRISON 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 three counts of sexual assault of a child and received three concurrent twelve-year sentences. He did not appeal his convictions.
After a review of the records, we find that Applicant's claims concerning the denial of parole release, the sufficiency of the evidence and the trial court's alleged errors are without merit, and are denied. Applicant's claim regarding the denial of credit for time spent under house arrest subject to electronic monitoring prior to trial 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: March 7, 2018
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