Case Information
*1 The Attorney General of Texas November 6. 1981
MARK WHITE
Attorney General
Supreme P. 0. Box 12546 5121475-2501 Austin. Telex Telecopier 9101674-1367 TX. 76711 Court Building [51214750266] Honorable John T. Montford Lubbock, Texas 79401 Criminal District Attorney 2nd Floor. County Courthouse Opinion No. m-386 Re: Application of articles Criminal Procedure to the 43.09 and 42.03 of the Code of justice courts Dear Mr. Montford:
1607 Main Sl.. Suite Dallas. 2141742-8944 TX. 75201 [1400] criminal procedure rules to the justice courts.
You ask two questions which relate to the application of certain 4624 Alberta El Paso, TX. 79905 9151533.3464 Ave.. Suite [160] Your first question is: Does article 43.09, as amended by the 67th Legislature (Senate Bill No. 430) raising the credit for fines and costs 'laid out' from $5 to 1220 Dallas Ave.. Suite 202 $15 per day, apply to fines and costs assessed in “ouston. TX. 77002 justice court in view of article 45.53, which 7131650.0666 provides for credit of $5 per day?
606 Broadway. Suite 312 The Sixty-seventh Legislature amended article 45.53 of the Code of Lubbock. TX. 79401 Criminal Procedure to provide that a defendant placed in jail by order 6061747-5236 of a justice court may serve out his fine at the rate of "not less
than $15 for each day." House Bill No. 647, Acts 1981, 67th Leg., ch. 708, at 2648; see Code Crim. Proc. art. 45.52. Therefore, article 4309 N. Tenth. Suite B McAllan. TX. 76501 45.53 rather than 43.09 controls the credit for fines and costs 5121662.4547 assessed in justice court. Your second question is: 200 Main Plaza. Suite 400 San Antonio. TX. 78205 5121225.4191 article 42.03 of the Code of Criminal Does Procedure require justice courts to give credit for pre-conviction jail time? A” Equal OpportunItyi Affirtnatwe Action Employer The relevant section of article 42.03 reads:
sec. 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 that the defendant has spent in jail p. 1312
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Mr. John 2. Montford - Page 2 (MW-386)
in said cause, from the time of his arrest and confinement until his sentence by the trial court.
This is a general statute which applies to all convictions in the absence of a more specific enactment. See Ex parte Young, 136 S.W.2d 863 (Tex. Grim. App. 1940). We have not found a more specific statute relating to the credit of jail time served prior to conviction in justice court.
In interpreting this statute, the Texas Court of Criminal Appeals has determined that a pre-conviction jail time credit against a defendant's later sentence is mandatory. Jones v. State, 545 S.W.2d 771 (Tex. Crim. App. 1977); Guerra v. State. 518 S.W.2d 815 (Tex. Grim. App. 1975). Therefore, because article 42.03 applies to justice courts as well as other state courts, they must give credit for pre-conviction jail time.
SUMMARY Justice courts must comply with articles 42.03 and 45.53 of the Code of Criminal Procedure. g#
Attorney General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Dawn Bruner
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Dawn Bruner
Rick Gilpin
Maury Hexamer
Jim Moellinger
Bruce Youngblood
p. 1313
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