Ex Parte Bates

The majority concludes that the failure to credit a state jail felon with time served pursuant to a probation revocation warrant violates the Texas Constitution. We have held that denying credit for time served pending appeal violates due process. Ex parte Griffith, 457 S.W.2d 60 (Tex.Crim.App.1970). And we have held that denying credit for time served pending a motion to revoke parole violates the Texas Constitution. Ex parte Canada, 754 S.W.2d 660 (Tex.Crim. App.1988). Analogies are drawn between the situation in this case and the situations in Griffith and Canada.1 In my opinion, there is…