                                        In The

                                 Court of Appeals

                     Ninth District of Texas at Beaumont

                            ____________________
                                NO. 09-19-00069-CR
                            ____________________


                          IN RE ROBERT LEE POOLE

________________________________________________________________________

                               Original Proceeding
                  128th District Court of Orange County, Texas
                           Trial Cause No. A910428-R
________________________________________________________________________

                           MEMORANDUM OPINION

      In this original mandamus proceeding Robert Lee Poole asks this Court to

compel the trial court to enter a judgment nunc pro tunc. 1 Poole complains, “I was

sentenced May 6, 1993, but on that date, in that hearing, on that document, I was




      1
        Poole filed a procedurally defective petition. See Tex. R. App. P. 52.3.
Additionally, he failed to certify that he served a copy of the petition on the State as
the real party in interest. See Tex. R. App. P. 9.5. We use Rule 2, however, to look
beyond these deficiencies to reach an expeditious result. See Tex. R. App. P. 2.

                                           1
credited with 674 days[’] time served, which would put my sentence begin date on

July 2, 1991[.]”

      Generally, the trial court’s failure to award all of the defendant’s jail time

credit when the court pronounced sentence may be corrected by a judgment nunc

pro tunc. See Ex parte Ybarra, 149 S.W.3d 147, 148 (Tex. Crim. App. 2004). He

may seek mandamus relief if the trial court denies a meritorious claim for pre-

sentence time credit. See Ex parte Florence, 319 S.W.3d 695, 696 (Tex. Crim. App.

2010). In this case, however, Poole has not shown that the judgment failed to award

him credit for time spent in jail prior to sentencing. The petition for writ of

mandamus is denied.

      PETITION DENIED.


                                                   PER CURIAM




Submitted on March 19, 2019
Opinion Delivered March 20, 2019
Do Not Publish

Before McKeithen, C.J., Kreger, and Johnson, JJ.




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