Opinion
No. 05-10-01463-CR
Opinion issued October 31, 2011. DO NOT PUBLISH. Tex. R. App. P. 47.
On Appeal from the Criminal District Court No. 3, Dallas County, Texas, Trial Court Cause No. F01-59442-J.
Before Justices FITZGERALD, FRANCIS, and LANG-MIERS.
MEMORANDUM OPINION
Frank Macon Newsome III waived a jury and pleaded guilty to possession of methamphetamine in an amount of more than 400 grams. Following the plea agreement, the trial court assessed punishment at ten years in prison, probated for ten years, and a $1,000 fine. The trial court later found appellant violated the terms of his community supervision, revoked appellant's community supervision, and assessed punishment at ten years in prison. In a single issue, appellant contends the written judgment should be modified to include additional back time credit. We modify the trial court's judgment and affirm as modified. In his sole issue on appeal, appellant contends the judgment should be modified to reflect a credit for the time served in jail when he was initially arrested. Appellant asserts he should receive a back time credit from November 26, 2001, the day he was first arrested, to December 14, 2001, the day he was released on bond. The State responds that the trial court's judgment should be modified in the manner requested by appellant. The record shows appellant was arrested on November 26, 2001, the date of the offense. He was released on bond on December 14, 2001. Appellant is entitled to a back-time credit from November 26, 2001 to December 14, 2001. The trial court's judgment does not recite this credit. We sustain appellant's sole issue. We modify the trial court's judgment to show the time credited is "from 11/26/2001 to 12/14/2001; from 3/12/2002 to 5/22/2002; from 2/27/2007 to 3/28/2007; from 9/27/2010 to 10/28/2010." See Tex. R. App. P. 43.2(b); Bigley v. State, 865 S.W.2d 26, 27-28 (Tex. Crim. App. 1993); Asberry v. State, 813 S.W.2d 526, 529-30 (Tex. App.-Dallas 1991, pet. ref'd). As modified, we affirm the trial court's judgment.