Opinion
NO. 09-19-00069-CR
03-20-2019
IN RE ROBERT LEE POOLE
Original Proceeding 128th District Court of Orange County, Texas
Trial Cause No. A910428-R
MEMORANDUM OPINION
In this original mandamus proceeding Robert Lee Poole asks this Court to compel the trial court to enter a judgment nunc pro tunc. Poole complains, "I was sentenced May 6, 1993, but on that date, in that hearing, on that document, I was credited with 674 days['] time served, which would put my sentence begin date on July 2, 1991[.]"
Poole 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.
Generally, the trial court's failure to award all of the defendant's jail time credit when the court pronounced sentence may be corrected by a judgment nunc pro tunc. See Ex parte Ybarra, 149 S.W.3d 147, 148 (Tex. Crim. App. 2004). He may seek mandamus relief if the trial court denies a meritorious claim for pre-sentence time credit. See Ex parte Florence, 319 S.W.3d 695, 696 (Tex. Crim. App. 2010). In this case, however, Poole has not shown that the judgment failed to award him credit for time spent in jail prior to sentencing. The petition for writ of mandamus is denied.
PETITION DENIED.
PER CURIAM Submitted on March 19, 2019
Opinion Delivered March 20, 2019
Do Not Publish Before McKeithen, C.J., Kreger, and Johnson, JJ.