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in Re Clifford James Guynes

Citation: Not availableDocket: 01-06-00223-CR

Court: Court of Appeals of Texas; March 30, 2006; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Relator Clifford James Guynes petitioned the Court of Appeals for a writ of mandamus to compel the respondent to issue a nunc pro tunc order granting him credit for jail time served. Guynes argued he was entitled to this credit, which had been denied by the respondent. The court denied the petition, noting that credit for jail time is typically addressed through a post-conviction writ of habeas corpus, as established in Texas law. Additionally, the petition failed to comply with the Texas Rules of Appellate Procedure, specifically lacking certification of service to the respondent. The court's order concluded the matter, with the decision issued by a panel consisting of Justices Nuchia, Keyes, and Hanks.

Legal Issues Addressed

Compliance with Texas Rules of Appellate Procedure

Application: The petitioner's failure to comply with procedural requirements, specifically the lack of certification of service to the respondent, was a factor in the denial of the petition for mandamus relief.

Reasoning: Additionally, the petition failed to comply with the Texas Rules of Appellate Procedure, specifically lacking certification of service to the respondent.

Mandamus Relief Requirements

Application: The court emphasized that a writ of mandamus is not the appropriate vehicle for seeking jail time credit, which should be addressed through a post-conviction writ of habeas corpus.

Reasoning: The court denied the petition, noting that credit for jail time is typically addressed through a post-conviction writ of habeas corpus, as established in Texas law.