In re Pablo T. Caudillo--Appeal from 421st District Court of Caldwell County (Majority)

State: Texas

Court: Texas Northern District Court

Docket No: 03-11-00579-CV

Case Date: 11/03/2011

Preview:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00579-CV

In re Pablo T. Caudillo

ORIGINAL PROCEEDING FROM CALDWELL COUNTY

MEMORANDUM OPINION

Relator Pablo T. Caudillo has filed a petition for writ of mandamus, complaining that the trial court had not entered judgments nunc pro tunc in his two convictions for drug possession and criminal non-support. See Tex. R. App. P. 52.8. The judgments arise out of earlier convictions that resulted in probation. The State filed motions to revoke Caudillo's probation, and he pled true to the allegations. The trial court signed two judgments of conviction on August 2, 2010, sentencing Caudillo to serve 700 days in state jail in each cause and setting the sentences to run concurrently. In the possession case, the trial court gave Caudillo time-served credit for 215 days. In the nonsupport cause, the court gave him 252 days of time-served credit. In his petition for writ of mandamus, Caudillo argues that because his sentences are running concurrently, he should receive credit for the cumulative total of the time granted by the court, 467 days. We disagree. First, we note that the record presented by Caudillo does not support his argument because it does not show when he earned the time-served credits, the conditions under which the credits were granted, or other important information related to how the credits accumulated. Even if the record was complete, however, article 42.03, section 2(a) provides that the trial court "shall

give the defendant credit on his sentence for the time that the defendant has spent in jail for the cause." Tex. Code Crim. Proc. Ann. art. 42.03,

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