Untitled Texas Attorney General Opinion

W. E. Coats, Jr. Opinion No. C-467 Criminal Distrl.ct Attorney Smith County Re: Whether a prisoner convicted Tyler, Texas and fined in more than one mls- demeanor case, In laying out the fines in jail is entitled to re- ceive credit on each case at the rate of $3.00 per day slmultan- Dear Mr. Coats: eously. Ey letter dated June 25, 1965, you have requested an opinion of this office regarding the above matter. This uestlon was before the Court in Ex parte Hall, 258 S.w.2d 806 qTex.Crlm. 1953), and Ex parte McLane, 258 S. W.2d 807 (Tex.Crlm. 1953), wherein the Court of Criminal Ap- peals held that even In serving concurrent sentences of lm- prisonment, a prisoner must serve the fine and costs portions thereof as if they were cumulative. It 1s true that the Com- mutation Statute Article 5118(a), Vernon's Civil Statutes) was amended in 19i3, but the amendment was designed solely to allow commutation for good conduct, whether the judgment of conviction Is a fine or jail sentence or a combination of jail sentence and fine. No other change was contemplated by the amendment to this statute, in that the amendment did not amend or change Article 785 of the Code of Criminal Procedure. See also Attorney General's Opinion Nos. O-5046 (1943) and V-1031 (1950). SUMMARY

A prisoner convicted and fined In more than one misdemeanor case, In laying out the fines In jail is not entitled to re- ceive credit on each case at the rate of $3.00 per day slmultaneously. Yours very truly, WAGGONER CARR Attorney General of Texas

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Assistant'Attorney General GJP/br APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Fainter Roy..Johnson Howard M. Fender Robert W. Norris APPROVED FOR THE ATTORNEY GENERAL By: T. B. Wright

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