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Molina finally makes crystal clear how time credit issues are to be resolved. There are always three issues in these situations: 1) were you in custody; 2) when were you in custody; and 3) why were you in custody. While each aspect can create problems, the most difficult one is often number 3, because art. 42.03 allows credit only "for the time that the defendant has spent: in jail for the case from the time of his arrest and confinement." Because so often someone is held in custody on multiple charges during overlapping periods of time there is a premium placed on sound record-keeping. Molina's case seems to involve what some magistrate recorded, that likely was not reflected in the records of whoever was actually holding him in custody. No one likes to have to unravel these issues, which ultimately depend on mandamus as the mechanism. We can pray that not many will involve as much time as is at issue in Molina and that good records can be quickly and easily located. Molina | ||
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