Defendant has been in county jail on our charge for a long time. Wants to plea to shock probation and we are agreeable. Does the defendant's time run with the days of credit he has or does the 90 to 180 days only start when he is in actual TDCJ custody?

If it is the later we are golden, if the former then we have a problem as the defendant has been in custody for much more than 180 days.

Look at CCP 42.12 Sec. 6.

The Court's continuing jurisdiction to grant shock probation is 180 days from the date the execution of the sentence actually begins.

Thank you! That is what I thought but the defense was sure that his back credit allowed him to get out today!