EX PARTE EZEKIEL RAMIREZ RIVERA (other)

OF TEXAS

NO. WR-63,493-02

EX PARTE EZEKIEL RAMIREZ RIVERA, Applicant

ON APPLICATION FOR WRIT OF HABEAS CORPUS

CAUSE NO. 06-09-02394-CR IN THE 112TH JUDICIAL DISTRICT COURT

FROM CROCKETT COUNTY

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to delivery of a controlled substance, and was sentenced to seven years' imprisonment. No direct appeal was taken.

Applicant alleges that he is being improperly denied pre-sentencing jail time credit, and that such credit was a condition of his plea agreement, which has therefore been violated. Applicant also alleges that his trial counsel was ineffective for allowing him to plead guilty and then failing to ensure that the plea agreement was followed, and for advising him incorrectly regarding parole release. Applicant's claim for pre-sentencing jail time credit must be dismissed, because although he alleges that he has filed a motion for judgment nunc pro tunc in the trial court, he has not pursued the matter in the Court of Appeals by way of a writ of mandamus. Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004). Applicant fails to provide any evidence or documentation showing that parole eligibility or a specific amount of pre-sentencing jail time credit were affirmative elements of his plea agreement. Applicant's second and third grounds for review are therefore denied.

Filed: May 19, 2010

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