Ex parte Ricky Molina (original by judge yeary)
Annotate this CaseApplicant Ricky Molina applied for habeas relief, asserting eight claims as basis for such relief, including one claim alleging that the judgment in his case did not adequately reflect credit for the time he served in county jail before his sentence was pronounced. Applicant, however, did not claim to have exhausted all his administrative remedies to this alleged error. Under Section 501.0081 of the Texas Government Code, an applicant must exhaust all administrative remedies before he may bring a claim in an 11.07 writ application that he was not being properly credited with time served on his sentence. This writ application centered on the issue of whether applicants must exhaust their administrative remedies under Section 501.0081 of the Texas Government Code before they may bring a post-conviction application for writ of habeas corpus alleging that the judgment is incorrect for failing to credit them for time that they served in jail before their sentence was imposed. After review, the Court of Criminal Appeals concluded that such claims were not subject to the Section 501.0081 exhaustion requirement.
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