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Ex Parte Mario Sandoval

April 17, 2013

EX PARTE MARIO SANDOVAL, APPLICANT


ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 007-0134-10 IN THE 7TH DISTRICT COURT FROM SMITH COUNTY

Per curiam.

ORDER

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to possession of marijuana, and was sentenced to four years' imprisonment.

In this application, Applicant alleges that he received ineffective assistance of trial counsel rendering his plea involuntary, that his plea agreement was breached, and that he is being improperly denied credit for pre-sentencing jail time. On March 11, 2013, the trial court made findings of fact and conclusions of law, recommending that relief be denied.

Based on the trial court's findings of fact and conclusions of law, this Court has determined that Applicant's claims of ineffective assistance of trial counsel, involuntary plea, and breached plea agreement are without merit. Therefore, those grounds are denied. Applicant's ground alleging that he is being denied credit for pre-sentencing jail time is dismissed. Ex parte Ybarra, 149 S.W.3d 147 (Tex. Crim. App. 2004) (Where an inmate seeks pre-sentence jail time credit, "[t]he appropriate remedy in this situation is to require Applicant to present the issue to the trial court by way of a nunc pro tunc motion, . . . [and] [i]f the trial court fails to respond, Applicant is first required to seek relief in the Court of Appeals, by way of a petition for a writ of mandamus, unless there is a compelling reason not to do .")

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