Legal Opinion

McGregor v. State

Texas Court of Appeals, 5th District (Dallas)

Decided September 24, 2004No. 05-04-00447-CRPublishedCited by 14 opinions

1Opinion of the Court

OPINION

Opinion by

Justice MORRIS.

Before he was convicted and sentenced, Eric Don McGregor was in jail awaiting trial. He now complains in a single issue that the trial court erred by refusing to credit his pretrial jail time against the sentence he received. Specifically, appellant contends the trial court had no discretion to deny him credit for the time he served that exceeded the maximum punishment for his state-jail-felony offense. We agree with appellant. Accordingly, we resolve appellant’s issue in his favor, modify the trial court’s judgment, and affirm the judgment as modified.

In his…

2Cases cited5 opinions

  1. Asberry v. State, Texas Court of Appeals, 5th District (Dallas)1991
  2. Joseph v. State, Texas Court of Appeals, 14th District (Houston)1999
  3. Caraway v. StateCourt of Criminal Appeals of Texas · 1977
  4. Ex Parte BatesCourt of Criminal Appeals of Texas · 1998
  5. Hoitt v. State, Texas Court of Appeals, 6th District (Texarkana)2000

3Cited by14 opinions

  1. Broussard v. State, Texas Court of Appeals, 1st District (Houston)2007
  2. Garcia v. StateCourt of Appeals of Texas · 2005
  3. Andrew Perez v. State, Texas Court of Appeals, 7th District (Amarillo)2015
  4. Austin Edward Davis v. State, Texas Court of Appeals, 9th District (Beaumont)2019
  5. Ayers, Matthew JamesCourt of Appeals of Texas · 2015

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