Ex Parte Chamberlain

OPINION

DALLY, Judge.

This is a post-conviction habeas corpus proceeding pursuant to Art. 11.07, V.A.C. C.P.

On February 18,1969, petitioner was sentenced to imprisonment for sixty years following his conviction for robbery by assault. Art. 42.03, V.A.C.C.P., as it read at the time petitioner was sentenced, provided that credit for pretrial jail time was to be allowed at the discretion of the trial judge. The record reflects that petitioner was not given such credit. Petitioner contends that he is entitled to credit for his pretrial jail time under the rule announced in Caraway v. State, 550…