Opinion
09-22-00244-CR
08-17-2022
IN RE HOLLIS JOSEPH JACKSON
Do Not Publish
Submitted on August 16, 2022.
Original Proceeding Criminal District Court of Jefferson County, Texas Trial Cause No. 01-84253
Before Golemon, C.J., Kreger and Horton, JJ.
MEMORANDUM OPINION
PER CURIAM.
Hollis Joseph Jackson filed a mandamus petition through which he complains that the trial court failed to rule on his request for a judgment nunc pro tunc awarding credit on his sentence for "street time" spent on mandatory supervision. To compel a trial court to rule on a motion, the relator must establish that the trial court (1) had a legal duty to rule on the motion; (2) was asked to rule on the motion; and (3) failed or refused to rule on the motion within a reasonable time. In re Henry, 525 S.W.3d 381, 382 (Tex. App.-Houston [14th Dist] 2017, orig. proceeding). Unlike claims for credit for pre-sentence jail confinement, errors in credit for time served on mandatory supervision are not corrected by judgment nunc pro tunc. Compare Ex parte Florence, 319 S.W.3d 695, 695 (Tex. Crim. App. 2010) ("Pre-sentence time credit claims typically must be raised by a motion for judgment nunc pro tunc filed with the clerk of the convicting trial court."), with Ex parte Johnson, 273 S.W.3d 340, 341 (Tex. Crim. App. 2008) (granting habeas relief on claim for credit for time served on mandatory supervision). Jackson has not shown that the trial court had a legal duty to rule on the motion. We deny the petition for a writ of mandamus.
Jackson filed a procedurally defective petition. See Tex. R. App. P. 52.3. Additionally, he failed to certify that he served a copy of the petition on the State as the real party in interest. See Tex. R. App. P. 9.5. We use Rule 2, however, to look beyond these deficiencies to reach an expeditious result. See Tex. R. App. P. 2.
PETITION DENIED.