In re Bernard Kirk Barnes--Appeal from 227th Judicial District Court of Bexar County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Sarah B. Duncan, Justice

Phylis J. Speedlin, Justice

Delivered and Filed: May 7, 2003

PETITION FOR WRIT OF MANDAMUS DENIED

On April 24, 2003, relator, Bernard Kirk Barnes, filed a petition for writ of mandamus seeking relief from the alleged error in the calculation of his jail time credit. Specifically, relator complains that the date of sentence is incorrect because it does not include the time he was confined in the Bexar County jail and in "[I.S.F.] while a Bexar County Detainer was lodged against him." Appellant contends he has filed a number of motions requesting respondent to correct the sentence date and that he be given credit for time served. Respondent, according to relator, has refused to grant the motions. We do not have a record of appellant's motions.

Section 501.0081 of the Texas Government Code sets forth the proper procedure to be followed in resolving complaints regarding time-served credit. See Tex. Gov't Code Ann. 501.0091 (Vernon Supp. 2003); see also Ex parte Whiteside, 12 S.W.3d 819, 824 (Tex. Crim. App. 2000) (Johnson, J., concurring). Barnes is not entitled to the relief sought in a mandamus proceeding. Therefore, the petition is DENIED without prejudice to Barnes pursuing relief in the proper forum. Tex. R. App. P. 52.8(a).

PER CURIAM

1. This proceeding arises out of Cause No. 2002-CR-1834, styled State v. Barnes, pending in the 227th Judicial District Court, Bexar County, Texas, the Honorable Philip A. Kazen, Jr. presiding.