Simien, Gerald Lynn

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-36,636-02
EX PARTE GERALD LYNN SIMIEN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W17-71394-P (A) IN THE 203RD DISTRICT COURT
FROM DALLAS 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 entered an open plea of guilty to
possession with intent to deliver a controlled substance, and was sentenced to five years’
imprisonment. Applicant did not appeal his conviction or sentence.
In this application, Applicant alleges that he was incompetent to enter a plea, that his
indictment was fundamentally defective, that he was denied an examining trial, that he is not being
properly credited with pre-sentencing jail time, and that his trial counsel was ineffective.
Applicant's claim concerning the denial of pre-sentencing jail time credits is dismissed. Ex
2
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 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 ."). Applicant’s remaining claims are
without merit, and are denied.
Filed: January 30, 2019
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