In Re Richard Benjamin Stang Appeal from 411th District Court of Polk County (memorandum opinion per curiam)
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00023-CR ____________________ IN RE RICHARD BENJAMIN STANG ________________________________________________________________________ Original Proceeding 411th District Court of Polk County, Texas Trial Cause No. 23726 ________________________________________________________________________ MEMORANDUM OPINION Richard Benjamin Stang filed a petition for writ of mandamus seeking a judgment nunc pro tunc for pre-sentence jail time credit. To be entitled to mandamus relief, the relator must demonstrate that he is indisputably entitled to relief. In re Brown, 343 S.W.3d 803, 805 (Tex. Crim. App. 2011) (orig. proceeding). To be entitled to jail time credit for the time a person is incarcerated before conviction, he must have been incarcerated for the case in which he is ultimately tried and convicted. Collins v. State, 318 S.W.3d 471, 473 (Tex. App.— Amarillo 2010, pet. ref’d). The records that Stang included in his mandamus record 1 do not show that the trial court failed to award jail time credit for time that Stang spent in jail for the case. See generally Tex. Code Crim. Proc. Ann. art. 42.03, § 2(a) (West Supp. 2015). Accordingly, we deny the petition for a writ of mandamus. PETITION DENIED. PER CURIAM Submitted on February 9, 2016 Opinion Delivered February 10, 2016 Do Not Publish Before Kreger, Horton, and Johnson, JJ. 2
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