Ex Parte Bennett

OPINION

ODOM, Judge.

This is a habeas corpus proceeding under Article 11.07, Vernon’s Ann.C.C.P., in which petitioner seeks credit for the time he spent in the Texas Department of Corrections while his first conviction was on appeal.

Petitioner seeks to have this Court order that he be granted credit for time spent in the Texas Department of Corrections while his case was on appeal, with “good time” included.

On January 26, 1967, petitioner was convicted of the offense of burglary and sentenced to eight years. Petitioner was returned to Moore County on January 31, 1968, when his original…