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W’ILL WILSON

AXTORNEYOENERAI. December 27, 1962

Mr. GeorgeBeto, Director OpinionNo. WW-1510 Department of Corrections Huntsville,Texas Re: The beginning date of prisoner's sentencewhere prisonerwas denied the right of bail under Article 815 of the Code of Criminal Procedure and remained in jailwhile his conviction Dear Mr. Beto: was being affirmed.

In your letter of November 13, 1962,you requestedan opinion of this office on the following question:

"When should the sentence of Carrel Lee Glen begin and towhat credits, if any, is he entitled for time spent in jail?"
Carrol Lee Glen was convicted in the District Court of Cherokee County,Texas, on April 29, 1961, formurder and his punishment assessed at twenty-fiveyears. On June 9, 1961, he was formally sentenced. He appealed and his convictionwas affirmed by the Court of Criminal Appealswith the mandate bearing date of October 5, 1962. Carrol Lee Glen was received in prison at Huntsville on October 10, 1962. From the time of the juryverdict on April 29, 1961, to the date he was transmitted to Huntsvillehe was held in jail. The trial court sentencedCarrel Lee Glen on June 9, 1961, and did not give him credit for jail time from April 29, 1961, to the date of sentence.

Under the provisions of Article 815, Code of Criminal Procedure, Carrol Lee Glen was not entitled to bail pending appeal. Ex ParteMcBride, 108 Cr.R. 618, 2 S.W.2d 267.
You state in your letter that the inmate is contending that,under the rule statedby the court in Ex Parte Neisler, 69 S.W.2d 422 (Tex.Crim.193&),he is entitled to credit for time spent in jail after convictionand sentence. We would point out that the court itself says that the facts in that casewere "meager". It is not clear in that case whether the court is speaking of time spent in jail after conviction and sentencepending appeal. We do have a clear statement covering the situationpending appeal in Powell.5 ,

Mr. George Beto, Page 2

V. State, 63 s.w.2d 712 the court says: (ww-1510)

(Tex.Crim.1933),where at page 713

"When an appeal is taken; the sentence begins from the date of themandate of the appellate courtwhether the judgmentwas affirmed or whether the appealwas dismissed at the request of the appellant."
The Court of Criminal Appeals of the State of Texas in Brown v. State, 300 S.W.2c.l 101 (1957),stated that itwas without jurisdictionto entertain or grant a request crediting the appellantwith time spent in jail. Under the provisions of Article 768,Vernon's Code of Criminal Procedure, the trial court alone has jurisdictionto grant such credit, however, it isspecifically provided in said article that the provisions of this act shallnot apply after conviction and sentence in felony cases'inwhich bond or recognizance is not permittedby law. We, therefore, concur in your opinion and hold that the inmate's sentence commenced on October 5, 1962, 'thedate of themandate of the Court of Criminal Appeals.
SUMMARY

When an appeal is taken,bythe defendant from a sentence of conviction for a nonbailable offense, the sentencebegins to run from the date the appellate court issues itsmandate in the case. Respectfully,

NVS:nss AssistantAttornW. George Beto, Page 3 (WW-1510)

APPROVED: OPINION COMMITTEE: W.V. Geppert, Chairman Sam R. Wilson Grady Chandler Pat Bailey Vernon Teofan
REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore