IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-90,440-09

EX PARTE LOUIS FRED GONZALES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. B20764-1806 IN THE 242ND DISTRICT COURT FROM HALE COUNTY

Per curiam.

ORDER 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 theft and sentenced to four years’ imprisonment. His appeal was dismissed for want of jurisdiction. Gonzales v. State, No. 07-19-00356-CR (Tex. App.–Amarillo, Nov. 6, 2019).

Applicant contends that the prosecutor breached the plea bargain and that he did not receive pre-sentence credit. Applicant’s claim concerning his plea bargain is denied. His pre-sentence claim is dismissed. Ex parte Ybarra, 149 S.W.3d 147, 148-49 (Tex. Crim. App. 2004) (the appropriate remedy for obtaining pre-sentence jail time credit is to present the issue to the trial court by way of a nunc pro tunc motion, and if the trial court fails to respond, to seek relief in the Court of Appeals by way of a petition for a writ of mandamus). Accordingly, this application is denied in part and dismissed in part. Ex parte Deeringer, 210 S.W.3d 616, 617-18 (Tex. Crim. App. 2006).

Filed: April 14, 2021 Do not publish