in Re Robert Lee Poole ( 2019 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-19-00069-CR
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IN RE ROBERT LEE POOLE
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Original Proceeding
128th District Court of Orange County, Texas
Trial Cause No. A910428-R
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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. 1 Poole complains, “I was
sentenced May 6, 1993, but on that date, in that hearing, on that document, I was
1
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.
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credited with 674 days[’] time served, which would put my sentence begin date on
July 2, 1991[.]”
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Do Not Publish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.
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