In Re Daisy, 156 S.W.3d 922 (Tex. App. 2005). · Go Syfert
In Re Daisy, 156 S.W.3d 922 (Tex. App. 2005). Cases Citing This Book View Copy Cite
96 citation events (96 in the last 25 years) across 2 distinct courts.
Strongest positive: Salvador Rodriguez v. State (texapp, 2009-06-25)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Salvador Rodriguez v. State (6×) also: Cited as authority (rule), Cited "see, e.g."
Tex. App. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence high
further, if a motion for a nunc pro tunc order for back time credit is filed and the trial judge fails to respond, relief may be sought by petition for writ of mandamus to the court of appeals.
examined Cited as authority (verbatim quote) Salvador Rodriguez v. State (6×) also: Cited as authority (rule), Cited "see, e.g."
Tex. App. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence high
further, if a motion for a nunc pro tunc order for back time credit is filed and the trial judge fails to respond, relief may be sought by petition for writ of mandamus to the court of appeals.
cited Cited as authority (rule) Jesse Salazar v. the State of Texas
Tex. App. · 2025 · confidence medium
App. 2004); In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
cited Cited as authority (rule) In Re Aaron Pouch v. the State of Texas
Tex. App. · 2024 · confidence medium
App. 2004); In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
discussed Cited as authority (rule) In Re: Michael Tanner v. the State of Texas
Tex. App. · 2023 · confidence medium
“Because the trial court is required to award credit for presentence time served, the judge’s failure to do so violates a ministerial duty.” In re Daisy, 156 S.W.3d 922, 924 (Tex. App.— Dallas 2005) (orig. proceeding).
cited Cited as authority (rule) in Re Amir Ben-David
Tex. App. · 2019 · confidence medium
In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
discussed Cited as authority (rule) in Re Joseph Urtado
Tex. App. · 2015 · confidence medium
App. 2001) (orig. proceeding). 2 Hill, 34 S.W.3d at 927; In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding). 3 See Hill, 34 S.W.3d at 927-28 ; Daisy, 156 S.W.3d at 924 . “‘[C]onsideration of a motion properly filed and before the court is ministerial.’”4 When a mandamus petition is based on an allegation that a trial court has failed to rule on a properly filed motion, the relator will not be entitled to mandamus relief unless he establishes that the trial court: (1) had a legal duty to rule on the motion; (2) was asked to rule on the motion; and (3) either re…
discussed Cited as authority (rule) in Re Martin Aleman
Tex. App. · 2015 · confidence medium
App. 2001) (orig. proceeding). clear right to relief.3 The relief sought must be clear and indisputable, such that its merits are beyond dispute.4 “‘[C]onsideration of a motion properly filed and before the court is ministerial.’”5 When a mandamus petition is based on an allegation that a trial court has failed to rule on a properly filed motion, the relator will not be entitled to mandamus relief unless he establishes that the trial court: (1) had a legal duty to rule on the motion; (2) was asked to rule on the motion; and (3) either refused to rule on the motion or failed to rule wit…
discussed Cited as authority (rule) in Re Daniel Craig Halley
Tex. App. · 2015 · confidence medium
App. 2001) (orig. proceeding). of any discretion and the relator has a clear right to relief.2 The relief sought must be clear and indisputable, such that its merits are beyond dispute.3 “‘[C]onsideration of a motion properly filed and before the court is ministerial.’”4 When a mandamus petition is based on an allegation that a trial court has failed to rule on a properly filed motion, the relator will not be entitled to mandamus relief unless he establishes that the trial court: (1) had a legal duty to rule on the motion; (2) was asked to rule on the motion; and (3) either refused to …
cited Cited as authority (rule) in Re Donald Aekins
Tex. App. · 2015 · confidence medium
App. 2001) (orig. proceeding); In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Gerardo Leyva
Tex. App. · 2014 · confidence medium
App. 2007); In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Ricardo Gutierrez, Relator
Tex. App. · 2014 · confidence medium
Hill, 34 S.W.3d at 927 ; In re Daisy, 156 S.W.3d 922, 924 (Tex. App.— Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Juan DeLacCruz Bustillo
Tex. App. · 2013 · confidence medium
In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Weldon Cowan
Tex. App. · 2012 · confidence medium
Hill, 34 S.W.3d at 927 ; In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Weldon Cowan
Tex. App. · 2012 · confidence medium
Hill , 34 S.W.3d at 927 ; In re Daisy , 156 S.W.3d 922, 924 (Tex. App.--Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Michael Craig De Loriea
Tex. App. · 2012 · confidence medium
App. 2001) (orig. proceeding); In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Michael Craig De Loriea
Tex. App. · 2012 · confidence medium
App. 2001) (orig. proceeding); In re Daisy , 156 S.W.3d 922, 924 (Tex. App.--Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re James Earl Crayton
Tex. App. · 2012 · confidence medium
Hill, 34 S.W.3d at 927 ; In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re James Earl Crayton
Tex. App. · 2012 · confidence medium
Hill , 34 S.W.3d at 927 ; In re Daisy , 156 S.W.3d 922, 924 (Tex. App.--Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Esau Alderete Ochoa, Jr.
Tex. App. · 2012 · confidence medium
In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Esau Alderete Ochoa, Jr.
Tex. App. · 2012 · confidence medium
In re Daisy , 156 S.W.3d 922, 924 (Tex. App.--Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Pedro Palomo Lucio
Tex. App. · 2012 · confidence medium
Hill, 34 S.W.3d at 927 ; In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Pedro Palomo Lucio
Tex. App. · 2012 · confidence medium
Hill , 34 S.W.3d at 927 ; In re Daisy , 156 S.W.3d 922, 924 (Tex. App.--Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Thomas Hollowell
Tex. App. · 2012 · confidence medium
Hill , 34 S.W.3d at 927 ; In re Daisy , 156 S.W.3d 922, 924 (Tex. App.--Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Thomas Hollowell
Tex. App. · 2012 · confidence medium
Hill, 34 S.W.3d at 927 ; In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re John Edward Morris
Tex. App. · 2011 · confidence medium
Hill , 34 S.W.3d at 927 ; In re Daisy , 156 S.W.3d 922, 924 (Tex. App.--Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re John Edward Morris
Tex. App. · 2011 · confidence medium
Hill, 34 S.W.3d at 927 ; In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re George Zuniga
Tex. App. · 2011 · confidence medium
App. 2007); In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re George Zuniga
Tex. App. · 2011 · confidence medium
App. 2007); In re Daisy , 156 S.W.3d 922, 924 (Tex. App.--Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Bill Kuhn
Tex. App. · 2011 · confidence medium
App. 2007); In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Bill Kuhn
Tex. App. · 2011 · confidence medium
App. 2007); In re Daisy , 156 S.W.3d 922, 924 (Tex. App.--Dallas 2005, orig. proceeding).
discussed Cited as authority (rule) in Re Joe Hill
Tex. App. · 2011 · confidence medium
App. 2004). ―Because the trial court is required to award credit for presentence time served, the judge’s failure to do so violates a ministerial duty.‖ In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
discussed Cited as authority (rule) in Re Cody D. Bailey
Tex. App. · 2011 · confidence medium
“Because the trial court is required to award credit for presentence time served, the judge’s failure to do so violates a ministerial duty.” In re Daisy, 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re: Charles R. Harris
Tex. App. · 2007 · confidence medium
See Hill , 34 S.W.3d at 927-28 ; In re Daisy , 156 S.W.3d 922, 924 (Tex. App.--Dallas 2005, orig. proceeding).
cited Cited as authority (rule) in Re Sylvester Lee MacK A/K/A Sylvester MacK
Tex. App. · 2007 · confidence medium
App. 2004); In re Daisy , 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding); see also Ex parte Forooghi , 185 S.W.3d 498, 499 (Tex. Crim.
cited Cited as authority (rule) in Re: Charles R. Harris
Tex. App. · 2007 · confidence medium
See Hill , 34 S.W.3d at 927-28 ; In re Daisy , 156 S.W.3d 922, 924 (Tex. App.--Dallas 2005, orig. proceeding).
discussed Cited as authority (rule) in Re: Aaron J. Burk
Tex. App. · 2007 · confidence medium
In re Daisy , 156 S.W.3d 922, 924 (Tex. App.--Dallas 2005, orig. proceeding) (granting mandamus relief where record contained several form letters from the trial court to relator giving various reasons why the court could not or would not rule on his motion).
discussed Cited as authority (rule) in Re: Daniel Randolph, Jr.
Tex. App. · 2006 · signal: cf. · confidence medium
See In re Chavez , 62 S.W.3d 225, 228 (Tex.App.--Amarillo 2001, orig. proceeding)(filing the matter with the district clerk was not sufficient to impute knowledge of the pleading such that the trial court was made aware of it); Barnes v. State , 832 S.W.2d 424, 426-27 (Tex.App.--Houston [1st Dist.] 1992, orig. proceeding)(relator must show that motion was brought to the trial court’s attention and the court failed or refused to rule); cf. In re Daisy , 156 S.W.3d 922, 924 (Tex.App.--Dallas 2005, orig. proceeding)(granting mandamus relief where record contained several form letters from the t…
discussed Cited as authority (rule) in Re: Albert Gary Taylor
Tex. App. · 2005 · signal: cf. · confidence medium
See In re Chavez , 62 S.W.3d 225, 228 (Tex. App.--Amarillo 2001, orig. proceeding) (filing the matter with the district clerk was not sufficient to impute knowledge of the pleading such that the trial court was made aware of it); Barnes v. State , 832 S.W.2d 424, 426-27 (Tex. App.--Houston [1st Dist.] 1992, orig. proceeding) (relator must show that motion was brought to the trial court’s attention and the court failed or refused to rule); cf. In re Daisy , 156 S.W.3d 922, 924 (Tex. App.--Dallas 2005, orig. proceeding) (granting mandamus relief where record contained several form letters from…
discussed Cited "see" in Re: Mario Alberto Salazar
Tex. App. · 2008 · signal: see · confidence high
See In re Daisy, 156 S.W.3d 922, 924 (Tex. 2 App.–Dallas 2005, orig. proceeding) (granting mandamus relief when record contained several letters from the trial court explaining why relator's motion related to jail time credit would not be ruled on).
discussed Cited "see" in Re: Mario Alberto Salazar
Tex. App. · 2008 · signal: see · confidence high
See In re Daisy , 156 S.W.3d 922, 924 (Tex. App.-Dallas 2005, orig. proceeding) (granting mandamus relief when record contained several letters from the trial court explaining why relator's motion related to jail time credit would not be ruled on).
discussed Cited "see" Collins v. State (2×)
Tex. Crim. App. · 2007 · signal: see · confidence high
See In re Daisy, 156 S.W.3d 922 (Tex.App.-Dallas, 2005).
cited Cited "see" State of Texas v. Collins, Jeremy Paul
Tex. Crim. App. · 2007 · signal: see · confidence high
See In re Daisy , 156 S.W.3d 922 (Tex. App. - Dallas, 2002).
discussed Cited "see, e.g." in Re Joe Torres Garza
Tex. App. · 2012 · signal: see also · confidence low
See Bynum, 772 S.W.2d at 116 ; see also In re Daisy, 156 S.W.3d 922 , (Tex. App.—Dallas 2005, orig. proceeding) (relator entitled to credit for pre-sentence jail-time spent in another jurisdiction).3 Accordingly, we conditionally grant Garza’s petition for writ of mandamus and direct the district court to vacate its order denying Garza’s motion for judgment nunc pro tunc and to enter a judgment nunc pro tunc awarding Garza credit for the amount of time he served while on detainer prior to sentencing.
discussed Cited "see, e.g." in Re Joe Torres Garza
Tex. App. · 2012 · signal: see also · confidence low
See Bynum , 772 S.W.2d at 116 ; see also In re Daisy , 156 S.W.3d 922 , (Tex. App.--Dallas 2005, orig. proceeding) (relator entitled to credit for pre-sentence jail-time spent in another jurisdiction). (3) Accordingly, we conditionally grant Garza's petition for writ of mandamus and direct the district court to vacate its order denying Garza's motion for judgment nunc pro tunc and to enter a judgment nunc pro tunc awarding Garza credit for the amount of time he served while on detainer prior to sentencing.
discussed Cited "see, e.g." in Re Christopher J. Emerson
Tex. App. · 2011 · signal: see also · confidence medium
App. 2010); see also In re Daisy, 156 S.W.3d 922, 924-25 (Tex. App.—Dallas 2005, orig. proceeding) (granting relief and ordering trial court to enter nunc pro tunc order giving relator credit for time spent in jail “from the time of his arrest and confinement until his sentence by the trial court”).
discussed Cited "see, e.g." in Re: Texas Department of Insurance
Tex. App. · 2010 · signal: see, e.g. · confidence medium
In re Hearn , 137 S.W.3d 681, 685 (Tex. App.–San Antonio 2004, orig. proceeding); Barnes , 832 S.W.2d at 426-27 ; see e.g., In re Daisy , 156 S.W.3d 922, 924 (Tex. App.–Dallas 2005, orig. proceeding) (granting mandamus relief when record contained several letters from the trial court explaining its refusal to rule on relator’s motion).
discussed Cited "see, e.g." in Re: Texas Department of Insurance
Tex. App. · 2010 · signal: see, e.g. · confidence medium
In re Hearn, 137 S.W.3d 681, 685 (Tex. App.–San Antonio 2004, orig. proceeding); Barnes, 832 S.W.2d at 426-27 ; see e.g., In re Daisy, 156 S.W.3d 922, 924 (Tex. App.–Dallas 2005, orig. proceeding) (granting mandamus relief when record contained several letters from the trial court explaining its refusal to rule on relator’s motion). 2 III.
discussed Cited "see, e.g." in Re Sean Huston Brown v. State
Tex. App. · 2010 · signal: see also · confidence medium
If the trial court fails to issue a nunc pro tunc order to award mandatory jail time credit, relief may be sought by petition for writ of mandamus. [1] Id. at 149 ; see also In re Daisy , 156 S.W.3d 922, 924 (Tex. App.—Dallas 2005, orig. proceeding).
discussed Cited "see, e.g." in Re: James Bell McCoy, Sr.
Tex. App. · 2009 · signal: see, e.g. · confidence medium
In re Hearn, 137 S.W.3d 681, 685 (Tex. App.–San Antonio 2004, orig. proceeding); Barnes, 832 S.W.2d at 426-27 ; see e.g., In re Daisy, 156 S.W.3d 922, 924 (Tex. App.–Dallas 2005, orig. proceeding) (granting mandamus relief when record contained several letters from the trial court explaining its refusal to rule on relator's motion).
Retrieving the full opinion text from the archive…
In Re John Michael Daisy, Relator.
05-05-00004-CV.
Court of Appeals of Texas.
Mar 7, 2005.
156 S.W.3d 922
2005 Tex. App. LEXIS 1736
2005 WL 518969
John Michael Daisy, Dayton, TX, for relator., William T. Hill, Dallas, TX, for Real Party in Interest.
Justices Morris, Richter, and Mazzant.
Cited by 60 opinions  |  Published

OPINION

Opinion By

Justice MAZZANT.

In this original proceeding, we must decide whether the trial court judge erred in not giving relator John Michael Daisy additional credit for time served. Because we conclude the trial court erred, we conditionally grant the writ.

Background

Relator was arrested and jailed in the Irving jail on July 31, 2001 for an assault involving family violence. On August 7, 2001, relator was transferred from the Irving jail to the Dallas County Jail. On that same date, a magistrate informed relator of his rights and set bail in the amount of $15,000. Relator did not post bail, and remained in jail until the date of his trial. On November 8, 2001, relator was convicted of felony assault involving family violence. See Tex. Pen.Code Ann. § 22.01(a), (b)(2) (Vernon Supp.2004-05). Punishment was assessed at five years’ imprisonment and a $500 fine. The trial court’s judgment gave appellant credit for presen-tence time served from August 7, 2001 to November 8, 2001. Appellant appealed,[*924] and this Court affirmed the trial court’s judgment on November 15, 2002 and issued its mandate on February 11, 2003. Appellant did not raise the issue of back time credit on appeal.

Appellant thereafter filed a motion for a nunc pro tunc judgment, seeking credit for the time he was in jail from the date of his arrest on July 31, 2001 until August 7, 2001. There are several form letters in the clerk’s record from the trial court judge to relator giving various reasons why the judge could not or would not rule on his motion. On January 3, 2005, relator filed a pro se petition for writ of mandamus complaining of the trial judge’s failure to grant him the additional back time credit. Neither the State nor the respondent filed a response.

Analysis

To obtain mandamus relief, relator must demonstrate that (1) he has no other adequate legal remedy, and (2) under the relevant facts and law, the act sought to be compelled is purely ministerial. State ex rel. Hill v. Court of Appeals for the Fifth Dist., 34 S.W.3d 924, 927 (Tex.Crim.App.2001). An act is ministerial if it does not involve the exercise of any discretion and the relator has a clear right to relief. See id. The relief sought must be clear and indisputable, such that its merits are beyond dispute. See id. at 927-28.

The code of criminal procedure provides that

[i]n 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 in said cause, other than time served as a condition of community supervision, from the time of his arrest and confinement until his sentence by the trial court.

Tex.Code Crim. Proc. Ann. art. 42.03, § 2(a) (Vernon Supp.2004-05) (emphasis added); see also Ex parte Ybarra, 149 S.W.3d 147, 148 (Tex.Crim.App.2004) (per curiam) (trial court required to grant presentence jail time credit when sentence is pronounced). If the trial court fails to award back time credit at the time the sentence is imposed, the trial court has the authority to correct the judgment to reflect the appropriate back time credit by a nunc pro tunc order and should do so. Ex parte Ybarra, 149 S.W.3d at 148; see also Tex.R.App. P. 23.2 (nunc pro tunc order). Because the trial court is required to award credit for pre-sentence time served, the judge’s failure to do so violates a ministerial duty. See State ex rel. Hill, 34 S.W.3d at 927-28. Further, if a motion for a nunc pro tunc order for back time credit is filed and the trial judge fails to respond, relief may be sought by petition for writ of mandamus to the court of appeals. See Ex parte Ybarra, 149 S.W.3d at 148-49.

Relator filed a motion seeking additional credit for the time he spent in the Irving jail from the date of his arrest on July 31, 2001 until he was transferred to the Dallas County Jail on August 7, 2001. The record shows that relator was confined on the family violence assault during that time period. Therefore, he is entitled to additional back time credit for the dates of July 31, 2001 through August 6, 2001. The trial judge’s failure to enter a nunc pro tunc order giving him that credit violated a ministerial duty, for which relator’s remedy is mandamus relief.

Accordingly, we conditionally granted relator’s petition for writ of mandamus. We order the trial judge to entered a nunc pro tunc order giving relator presentence credit for the time he spent in the Irving jail from July 31, 2001 through August 6, 2001. The trial judge is ordered to file a[*925] certified copy of its nunc pro tunc order with this Court within thirty days of the date of this opinion. Should the trial court fail to do so, the writ will issue.