Case Information

*1 WR-82,596-01

TO: Abel Acosta (clerk) Court of Criminal Appetts D. D. BOX 12308

Capital Station, Austin, Texas 78711

RECEIVED IN COURT OF CRIMINAL APPEALS WAR 04 2015

FROM: DERRILL JARROD JONES * 201311 to ESTELLE UNIT 21st FM 3978 Hundtville, TX 77322

RE: Petition for Disertionary Review To Cf. No: F31521-1 WR-82, 596-01

Dear Clerk,

Enclosed is the Petitioner paperwork for Petition for Disertionary Review. Petitioner asks that you please file with the Court of Criminal Appetts.

Respectfully Submitted Jersick Jannal Jons Petitioner No Se

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Table of Contents

Page No. Index of Authorities ..... ii Petition for Discretionary Review ..... iii Statement Regarding Oral Argument ..... p. 1 Statement for Case ..... p. 1 Statement of Procedural History ..... p. 2 Grounds for Review: Time Credit Dispute ..... p. 2 Argument and Authorities ..... p. $3-6$ Conclusion ..... p. 6 Prayer for Relief ..... p. 7

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Index of Authorities

Page Ma. Ex Parte Allen 598 s.w. 2 d Ex Parte Bynum 222 s.w. 2 d Ex Parte Canada 754 s.w. 2 d Ex Parte Namington 832 s.w. 2 d 355 Ex Parte Spates 521 s.w. 2 d Ex Parte Wichware 853 s.w. 2 d Ex Parte Williams 589 s.w. 2 d p. 4

Jimerson vs. STATE 957 s.w. 2 d Show vs. STATE 539 s.w. 2 d p. 4

P. 6

Tex R. App. Proc. Rule 2.3 p. 3, iii

Tex R. Civ. Proc. Rule 316 p. 5, iii

Tex R. Code of Com. Acc. Art. 42.01 Judgement p. 5, iii

Art. 42.03 Pornaming Sentence p. 5,6,iii

Art. 42.08 Commentative or Converint Sentence p. 5,6,iii

Art. 42.09 Commentement of Sentence p. 5, 6, iii

Art. 42.18 p. 6, iii

*4 DERRICK JARRON JOURS Re: T. Cl. No. F31521-1 Wr. 82,596-01 STATE OF TELAS

Petition For Discretionary Review

Comes now * * * cautious, DERRICK JARRON JORIES Petitioner Do Se in the above styled and numbered cause hereby moves this Honorable Court of Criminal Apprais to correct the Retitioners time ceedit on sentence and final Judgement imposed in said cause in accordance with Tex. P. App. Rec. 23 2(a)(b); Tex. R. Civ. Pro. Rule 3(b); Tex. P. Rec. Act 920.1 (Judgement); Act 42.03 (Renouncing Sentence); Act. 42.08 (cumulative or concurrent sentence); ARS 42.09 (commencement of Sentence) and Act. 42.18

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Statement Regarding Oral Argument

Petitioner concedes that as it pertains to the Petition for Niscrertionary Review that an oral argument is not deemed necessary and is waived

Statement of the Case

Petitioner was on Parole after spending 8 yrs. 5 months on a 30 yr sentence in T.D.C. I. from a plan bargain out of Denton County, TX. After 5 yrs. of supervision Petitioner violated parole with a new case of sexual Assault of a child split in two countries with changes out of Taylor County, cause no. 23240-A and Stephens County F 31521. Both changes involve the same alleged victim. The Petitioner was arrested and detained on said charges in Collin County, TX Aug. 3, 2008. Petitioner was transferred to Stephens County (10) days later on August 13,2008 where he awaited trial on cause $\#F31521$ with an active detainer in Taylor County on same charges. Between September 23, 2009 - October 6, 2009 Petitioner was picked up by Taylor County where he plead to on Ry. Sentence to be con concurrent with all other sentences. Petitioner was transferred back to Stephens County where he awaited trial on cause ${}^{\#}$ F31521 but lutes later chained to T.D.C. I. pending the Holding Conviction from Taylor Canly 42nd District Court cause ${}^{\#23240A}$ An active detainer was still in place from Stephens Conaly case ${}^{\#}$ F35721. After 1902 days / 21 months 12 days the Petitioner was burch warranted back to Stephens County where he plead to $\&yrs$ . T.D.C. I. in the 4012 District Court to con concurrent with all other sentences September 1, 2011. Credit for time in confinement while on detainer was port of the Petitioners Final Judgement.

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Statement of Receducal Nistury

Petitioner received an official notice from the Nonorable Court of Criminal Appach of Texas pursuant to T. C. 1. No. FJIS21-1 - WR-82,596-01 stating that the petitioners application of Writd Habbos Lorgus has been dismissed without written order $2/4/2015$

Grames for Review

1) Petitioner was not duly credited for the full amount of flat time earned in the courts final judgement while in physical custody of the state awaiting litigation from an active detainer pursuant to cause no. F JIS21 in the 90th District Court, Stephens County.

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Arguments and Authorities

I.

Tex R. App. Proc. Rule 23-MUNE PRO TUNE proceeding in Criminal Case: Rule 232: when a sentence is pronounced, the trial court MUST give the defendant credit on that sentence for: (a) all time the defendant has been confined since the time when indictment and sentence should have been entered and pronounced, and; (b) all time between the defendants arrest and confinement to the time when judgment and sentence should have been entered and pronounced.

*8 Petitioner DERRICK JARROD DNES was arrested and detained in Collin County jail pursuant to charges from Stephens County; F 31521 and Taylor County; 23240-A on the $3^{\text{rd}}$ day of August 2008. Petitioner plead to 8 yrs. T.D.C. 5 out of the ${42}^{\text{nd}}$ District Court, Taylor County in October, 2009 with the sentence to be ran concurrent with all other sentences. Petitioner was later transferred back to Stephens County where he still awaited a court date. Petitioner was transferred to T.D.C. 5 on the holding conviction pursuant to cause 23240-A Nov. 30, 2009. An active detainer was in place pending litigation pursuant to cause F 31521 in Stephens County 90th District Court. After 6002 days / 21 months 12 days of negotiations with the petitioners attorney while in physical custody of the STATE, Petitioner was bercb warranted back to Stephens County where he plead to an 8 yr sentence to be ran concurrent September 01, 2011 in the 90th District Court.

Pursuant to Ex Parte Bynum 772 S.W. 2d 113 (Tex Crim. App. 1989) while in T.D.C. 10 on other charges, when a detainer is placed against you, so long as the detainer is not withdrawn (was not withdrawn in this case), defendant should get credit for the time from the placing of detainer to the date of sentencing. If the detainer is placed and then withdrawn and you are later sentenced on the case the defendant is eligible for the time the detainer was in place. See also Simerson vs. State 957 S.W. 2d 525 (1975); Ex Parte Williams 589 S.W. 2d 711 (Tex Crim. App. 1972); Ex Parte Spates 521 S.W. 2d 2125 (Tex Crim. App. 1975). Ex Parte Canada 754 S.W. 2 d 1080 (Tex Crim. App. 1988) Ex Parte Allen 584 S.W. 2d 905 (Teu Crim. App. 1977)

*9 Texas R. C. R. R. Rule 316 - Correction of Clerical Mistakes in Judgement: Clerical mistakes in the record of any judgement may be corrected by the Judge in open Court according to the truth or justice of the case after notice of the motion therefore has been given to the parties interested in such a judgement, as provided in 21(a), and thereafter the execution shall conform to the judgement as amended.

Texas C.C.P. Act 42.03: Pronaming Sentence; Time: Credit for Time Spent in jail between arrest and sentencing or pending appeal: See 2(a): In all criminal cases the judge of the court in which the defendant was convicted shall give the defendant credit on his sentence for the time the defendant has spent in jail. In said cause other than confinement served as a condition of commitment supervision, from the time of his arrest and confinement until his sentence by the court is imposed. Pursuant to the operation of law the Petitinner is legally due time credits towards the sentence imposed in cause No. F 31521 during back to the day the detainer was placed against his person on the 3rd day of August 2008. Petitinner pointed out the error of time credited to his Attorney Diary D. Reak. The error was brought before the court and the Honorable Judge Stephen B. Crawford allowed the petitioner to appeal the final judgement on open record. All of betitioners sentences should be running concurrent - see C.P. Act 42.01 and Act. 42.08: Act 42.09

*10 Pursuant to Ex Parte Hanaiagten 832 S.W. 2d 355 (June 3, 1992) under statute entitling defendant to credit on sentence for time spent in jail in that cause from time of arrest and confinement until sentencing, credit MUSI be given for Ath time in jail prior to sentence in each cause even if the effect is to give "double credit" when sentences are consecutive and defendant was detained on more than one cause at the same time; decision of the Court of Criminal Appeals in Ex Parte Byawm which so held was not limited to detainers. Texas C.C.P. Articles 12.03 & 2(a), 12.08, 12.18 & 8(b)

Pursuant to F31521, Petitinner DERRECK JAIRROD SOMES T.D.C.J. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I. I

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Prayer for Relief