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In re Evans

Court of Appeals of Texas, Ninth District, Beaumont
Nov 17, 2021
No. 09-21-00330-CR (Tex. App. Nov. 17, 2021)

Opinion

09-21-00330-CR

11-17-2021

IN RE SHAWN EVANS


Do Not Publish

Submitted on November 4, 2021

Original Proceeding 9th District Court of Montgomery County, Texas Trial Cause No. 17-06-07753-CR

Before Kreger, Horton and Johnson, JJ.

MEMORANDUM OPINION

PER CURIAM

In a petition for a writ of mandamus, Shawn Evans argues he is entitled to credit on his sentence for 426 days spent on house arrest prior to sentencing. In response, the State argues that resolving the time-credit claim requires statutory construction that is unavailable through the ministerial function of a judgment nunc pro tunc.

"A motion for judgment nunc pro tunc or a writ of mandamus to the appellate court if such a motion is denied will provide a remedy only if the right to pre-trial jail-time credit is absolutely indisputable under the terms of Article 42.03, Section 2(a)(1)." In re Brown, 343 S.W.3d 803, 804 (Tex. Crim. App. 2011). Evans has not shown that he is indisputably entitled to mandamus relief. Accordingly, we deny the petition for a writ of mandamus.

PETITION DENIED.


Summaries of

In re Evans

Court of Appeals of Texas, Ninth District, Beaumont
Nov 17, 2021
No. 09-21-00330-CR (Tex. App. Nov. 17, 2021)
Case details for

In re Evans

Case Details

Full title:IN RE SHAWN EVANS

Court:Court of Appeals of Texas, Ninth District, Beaumont

Date published: Nov 17, 2021

Citations

No. 09-21-00330-CR (Tex. App. Nov. 17, 2021)