Bernard, Dennis Ray ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-56,162-09
EX PARTE DENNIS RAY BERNARD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 17DCR0154-A IN THE 344TH DISTRICT COURT
FROM CHAMBERS COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to theft and was
sentenced to four years’ imprisonment.
After a review of the records, we find that Applicant's claims of an illegal sentence and
ineffective assistance of trial counsel are without merit. Therefore, we deny relief. Applicant's
remaining claim concerning the denial of time credit spent in confinement after the execution of the
arrest warrant but before his plea is dismissed. Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App.
2004) (Where an inmate seeks pre-sentence jail time credit, "[t]he appropriate remedy in this
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situation is to require Applicant to present the issue to the trial court by way of a nunc pro tunc
motion, . . . [and] [i]f the trial court fails to respond, Applicant is first required to seek relief in the
Court of Appeals, by way of a petition for a writ of mandamus, unless there is a compelling reason
not to do so.")
Filed: April 18, 2018
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