In re Richard Franklin--Appeal from 87th District Court of Freestone County

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IN THE TENTH COURT OF APPEALS No. 10-08-00309-CR IN RE RICHARD FRANKLIN Original Proceeding MEMORANDUM OPINION Richard Franklin filed a petition for writ of mandamus against the trial judge of the 87th District Court of Freestone County. It appears from the petition that in June of this year, Franklin filed a motion nunc pro tunc with the trial court asking for pre and post sentencing jail time credit. Franklin now requests this Court to compel the trial court to grant Franklin s motion nunc pro tunc for jail time credit. This, we cannot do. See State ex rel. Curry v. Gray, 726 S.W.2d 125, 128 (Tex. Crim. App. 1987). Accordingly, Franklin s petition is denied. TOM GRAY Chief Justice Before Chief Justice Gray, Justice Vance, and Justice Reyna Petition denied Opinion delivered and filed September 17, 2008 Do not publish [OT06] In re Franklin Page 2

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