Ex parte McWilliams
Ex parte McWilliams
Opinion of the Court
OPINION
This is a joint application for a writ of habeas corpus. Petitioners were convicted of robbery by firearms in the 134th District Court of Lamb County, with a punishment of 20 years being assessed against each. Sentence was pronounced against each petitioner on February 25, 1972. They appealed, and this Court affirmed their convictions on June 27, 1973.
Petitioners sought to have the trial court give them credit from the date of their sentencing on February 25, 1972 to July 27, 1973, the date that the mandate of ths Court was filed in the trial court. A hearing was had in the trial court, at which the above facts were established. The trial court denied the application, and refused to give credit for such period of time, and ordered the record of the proceedings forwarded to this Court.
For the reasons stated in Vessels v. State, Tex.Cr.App., 467 S.W.2d 259, Ex parte Washburn, Tex.Cr.App., 459 S.W.2d 637, and Ex Parte Griffith, Tex.Cr.App., 457 S.W.2d 60, petitioners are constitutionally entitled to credit for time spent in jail
The trial court will take such action as is necessary and proper to give petitioners credit for jail time in accordance with the provisions of this opinion. See Ex parte Griffith, supra.
Opinion approved by the Court.
. McWilliams v. State, 436 S.W.2d 630.
Reference
- Full Case Name
- Ex parte's Betty Davis McWILLIAMS and Vernice R. McWilliams
- Cited By
- 1 case
- Status
- Published