Application for a writ of habeas corpus

Texas Case Law

Unpublished

EX PARTE BUTLER, WR-64,012-02 (Tex.Cr.App. 12-20-2006) EX
PARTE THEODIS BUTLER, JR., Applicant No. WR-64,012-02.
Court of Criminal Appeals of Texas. December 20, 2006. DO
NOT PUBLISH.

[EDITOR’S NOTE: This case is unpublished as indicated by the
issuing court.] On Application for a Writ of Habeas Corpus
Cause No. 946835 in the 185th District Court from Harris
County.

ORDER

PER CURIAM.

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 breach of
computer security and sentenced to twenty months’
imprisonment. There was no direct appeal.

Applicant contends that he is being illegally confined and
denied pre-sentence jail time credits. He, in addition,
contends that trial counsel was ineffective. We remanded
the application to determine whether Applicant was being
denied pre-sentence jail time credits. On remand, the trial
court concluded that it elected to use its discretion and
deny Applicant pre-sentence jail time credits. The trial
court recommended denying relief. We agree. See Ex parte
Harris, 946 S.W.2d 79 (Tex.Crim.App. 1997); Ex parte
Chamberlain, 586 S.W.2d 547 (Tex.Crim.App. 1977).
Applicant’s pre-sentence jail time and illegal confinement
claims are denied. His ineffective assistance of counsel
claim is dismissed. Tex. Code Crim. Proc. art. 11.07,
§ 4.

Accordingly, Applicant’s claims are denied in part and
dismissed in part.