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Cardenas, Victor Eduardo ( 2022 )


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  •              IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,838-02
EX PARTE VICTOR CARDENAS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2015CR10429-W1 IN THE 227TH DISTRICT COURT
FROM BEXAR 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 was convicted of aggravated
robbery with a deadly weapon and sentenced to 6 years’ confinement.
The trial court entered findings of fact and conclusions of law recommending that
Applicant’s claim challenging the denial of street time credit following the revocation of his parole
be denied. The State observed that Applicant had not received 83 days of pre-trial jail time credit for
his detention on this charge in Oklahoma. The trial court has the authority to correct this error, if any,
via a nunc pro tunc judgment. Ex parte Ybarra,
    149 S.W.3d 147
    , 148 (Tex. Crim. App. 2004).
2
However, a pre-trial jail time credit claim is not properly raised on habeas review.
    Id.
    After a review of the record and the findings, we agree that Applicant’s street-time credit
claim is without merit. Therefore, we deny relief. Ex parte Torres,
    943 S.W.2d 469
    , 472 (Tex. Crim.
App. 1997). Applicant’s claim for pre-sentence jail time credit is dismissed. Ybarra,
    149 S.W.3d at 148-49
    ; Ex parte Florence,
    319 S.W.3d 695
     (Tex. Crim. App. 2010).
Filed: December 21, 2022
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