EX PARTE JAMES BRIAN KOONCE (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

 

NO. WR-74,772-01


EX PARTE JAMES BRIAN KOONCE, Applicant

 

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 07-102-K368 IN THE 368TH DISTRICT COURT

FROM WILLIAMSON COUNTY

Per curiam.

O R D E R

 

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 intoxication assault and sentenced to five years imprisonment. He did not appeal conviction.

Applicant was credited with 104 days of pre-sentence time. He contends that he was denied an additional 164 days he spent in a substance abuse felony punishment facility (SAFPF) and 45 days he spent in a county jail. On August 19, 2010, the trial court signed an order awarding Applicant an additional 198 days for the time he spent in a SAFPF. The trial court then made findings of fact and conclusions of law and recommended that we dismiss this application as moot. We agree that Applicant s claim, as it relates to his SAFPF time, is moot. Applicant, however, was not credited with the 45 days he spent in a county jail, as he requested. As the trial court noted in its findings of fact, Applicant served these 45 days as a condition of community supervision, and as a result, he was not entitled to this time. Tex. Code Crim. Proc. art. 42.03, 2(a)(1). Accordingly, this application is dismissed in part and denied in part.

Filed: November 3, 2010

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