Opinion
Nos. 05-08-01058-CR, 05-08-01059-CR
Opinion issued July 31, 2009. DO NOT PUBLISH Tex. R. App. P. 47
On Appeal from the Criminal District Court No. 5 Dallas County, Texas, Trial Court Cause Nos. F04-35566-NL, F04-35567-NL.
Before Justices WRIGHT, BRIDGES, and FRANCIS.
OPINION
Marlon Dewayne Thomas waived a jury and pleaded guilty to two burglary of a habitation offenses. Pursuant to plea bargains, the trial court deferred adjudicating guilt, placed appellant on ten years' community supervision in each case, and assessed $1500 fines. The State later moved to adjudicate guilt, alleging appellant violated the terms of his community supervision. At a hearing on the motions, appellant pleaded true to the allegations. The trial court granted the motions, adjudicated appellant guilty, and assessed punishment at nine years' imprisonment in each case. In a single point of error, appellant contends he is entitled to additional back-time credit. We affirm. Appellant was placed on deferred community supervision on January 14, 2005. He was arrested in Tarrant County for an indecency with a child by sexual contact offense on October 18, 2007. After pleading guilty, appellant received deferred adjudication community supervision, and was released from the Tarrant County jail sometime in February 2008. The motions to adjudicate in our cases were filed on April 15, 2008. Appellant was arrested on the motions on July 25, 2008, and a hearing was held on July 31, 2008. The trial court's judgment recites a back-time credit for "7/31/04 to 8/1/04, 12/16/05 to 1/6/06, 2/16/08 to 2/16/08, 7/25/08 to 7/31/08." Appellant contends he should receive a back-time credit for the time he was incarcerated in Tarrant County, from October 18, 2007 to February 2008. The State responds that the trial court did not err by denying appellant a back-time credit for the time he served in the Tarrant County jail. We agree with the State. It is well settled that an individual is entitled to all time spent in jail "on said cause." See Tex. Code Crim. Proc. Ann. art. 42.03, § 2(a) (Vernon Supp. 2008); Nixon v. State, 572 S.W.2d 699, 701 (Tex.Crim.App. [Panel Op.] 1978). When a person is confined by another jurisdiction, he is confined on "said cause" only if a detainer or "hold" is lodged against him by that jurisdiction. See Ex parte Alvarez, 519 S.W.2d 440, 443 (Tex.Crim.App. 1975). Thus, appellant is entitled to a back-time credit for incarceration in Tarrant County only if the record shows that Dallas County lodged a detainer or hold against him in these cases." See Ex parte Bynum, 772 S.W.2d 113, 114 (Tex.Crim.App. 1989). The record shows appellant was incarcerated in the Tarrant County jail for an offense committed in Tarrant County. Appellant was released on deferred community supervision after he pleaded guilty to the Tarrant County offense. There is nothing in the record that shows a detainer or hold was lodged against appellant by Dallas County "in said cause" while he was in the Tarrant County jail. Therefore, appellant is not entitled to a back-time credit for the time he was incarcerated in the Tarrant County jail. We overrule appellant's sole point of error. We affirm the trial court's judgment.