Categories: Texas Court Opinions

IN RE LOZANO, 08-06-00190-CR (Tex.App.-El Paso [8th Dist.] 2006)

IN RE: LEO M. LOZANO, Relator.

No. 08-06-00190-CRCourt of Appeals of Texas, Eighth District, El Paso.
August 31, 2006. DO NOT PUBLISH.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

An Original Proceeding in Mandamus.

Before BARAJAS, C.J., McCLURE, and CHEW, JJ.

OPINION
RICHARD BARAJAS, Chief Justice.

Relator Leo M. Lozano has filed a petition for writ of mandamus to compel the trial court to correct the amount of good-time credits on his record. Lozano states that he filed a motion for nunc pro tunc order with the trial court. Based on the documentation he has provided to this Court, it appears that his complaint centers on the calculation of credits based on his classification. The decision to grant good-time credits based on an inmate’s classification is within the discretion of prison officials. See Ex parte Palomo, 759 S.W.2d 671, 674
(Tex.Crim.App. 1988). To the extent Lozano’s complaint falls within this rule, the trial court had no authority to interfere with the prison officials’ decisions. Some issues related to good-time credits may be reviewed by a writ of habeas corpus. See id. at 672. To the extent Lozano’s complaint is of this nature, we have no authority over matters related to post-conviction writs of habeas corpus. See Ater v. Eighth Court of Appeals, 802 S.W.2d 241, 243 (Tex.Crim.App. 1991); In re McAfee, 53 S.W.3d 715, 718 (Tex.App.-Houston [1st Dist.] 2001, orig. proceeding).

The petition for writ of mandamus is denied.

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