Ex Parte Busby

WOMACK, J.,

filed a dissenting opinion, in which KELLER, P.J., and HERYEY, J., joined.

The applicant wants credit against his sentence for a period of time in which he was released from prison by a grant of probation that the trial court had no jurisdiction to give. This issue first came before the Court in 1981. We held that such a defendant was not entitled to a credit.

The appellant was sentenced on March 27, 1978, and he went to the Department of Corrections on the same day. Therefore, “the execution of the sentence actually beg(an)” no later than that day. Thereafter the appellant applied…