in Re Donald E. Collins ( 2012 )

IN THE
TENTH COURT OF APPEALS
No. 10-12-00150-CR
No. 10-12-00151-CR
IN RE DONALD E. COLLINS
Original Proceeding
MEMORANDUM OPINION
Donald Earl Collins filed a petition for writ of mandamus in this court seeking
jail time credit. Collins was convicted in two separate cause numbers for driving while
intoxicated. He was placed on community supervision for one of the offenses (No.
F42536), and received a prison sentence in the other offense (No. F37032). Collins’
community supervision was revoked in No. F42536, and he appealed. Collins
complained on appeal that he should receive jail time credit for his sentence of
community supervision for the time he spent incarcerated in offense No. F37032. The
Amarillo Court of Appeals affirmed the trial court’s order and denied Collins’ request
for jail time credit. Collins v. State, 318 S.W.3d 471 (Tex. App.─Amarillo 2010, pet.
den’d).
Collins filed a motion for jail time credit on February 29, 2012 in the trial court for
the same two cause numbers. The trial court denied the motion citing the opinion of the
Amarillo court addressing the same issue. Collins seeks a mandamus in this Court for
jail time credit. The trial court did not err in denying the motion.
Relator’s petition for writ of mandamus is denied.
AL SCOGGINS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Petition denied
Opinion delivered and filed June 20, 2012
[OT06]
In re Collins Page 2