Leandre Vonzell Hill v. State
13-15-00152-CR
Tex. App.Aug 17, 2015Background
- Appellant LeAndre V. Hill was convicted after a bench trial for burglary (cause no. 2012CR9686) and sentenced to six years plus a fine; the court stated it would give credit for time served and run the sentence concurrent with cause no. 2009CR10328.
- At trial, witnesses linked Hill to the burglary by eyewitness identification, vehicle stop of a black Volvo containing stolen property, and matching shoeprint evidence from Hill’s sandals.
- The punishment hearing and sentencing for both cases (2012CR9686 and 2009CR10328) were conducted in a single proceeding on February 24, 2015; the court pronounced credit for time served in both cases and ordered the sentences to run concurrently.
- The written judgment in 2012CR9686, however, credited Hill with only one day of pre‑sentence incarceration (January 10, 2012), omitting an April 8, 2012–March 18, 2014 incarceration period shown in the judgment for 2009CR10328.
- Hill asks the appellate court to modify the 2012CR9686 judgment to include the omitted back‑time credit for all jail time served prior to sentencing, relying on the related judgment (2009CR10328) in the record and the trial court’s oral pronouncement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2012CR9686 judgment must be corrected to award full pre‑sentence jail credit (including April 8, 2012–March 18, 2014) | Hill: the trial court orally granted credit for time served and the related 2009CR10328 judgment shows incarceration during the omitted period; appellate court may correct the clerical error and apply credit for all pre‑sentence custody. | State: (implicit) the written 2012CR9686 judgment only lists one day; any omitted periods are not reflected in that judgment. | The court should modify the 2012CR9686 judgment to include the omitted back‑time credit because the record (including the related judgment and oral sentencing) supplies sufficient information to correct the clerical error. |
Key Cases Cited
- Ex parte Bynum, 772 S.W.2d 113 (Tex. Crim. App. 1989) (defendant entitled to credit for all time spent in jail on the cause)
- Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004) (trial court must grant pre‑sentence jail time credit when pronouncing sentence)
- In re L.G.G., 398 S.W.3d 852 (Tex. App.—Corpus Christi 2012) (appellate court may correct clerical errors in judgments to award omitted pre‑sentence credit when record contains sufficient information)
- Turner v. State, 733 S.W.2d 218 (Tex. Crim. App. 1987) (addresses limits on taking judicial notice from other case records)