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Click here for the full text of this decision FACTS:Enoc G. Olivares was charged by indictment with three offenses, including aggravated assault on a peace officer, evading arrest or detention with a motor vehicle and theft of property in amount of $1,500 or more but less than $20,000. Olivares pled guilty to the last two offenses. In accordance with his plea agreement, Olivares received a sentence of two years’ confinement for each count. Olivares did not appeal. On Oct. 7, 2005, Olivares filed an application for a writ of habeas corpus in the 370th District Court, alleging that he is entitled to time credit for time spent in custody before he was sentenced. The trial court determined that: 1. “Time credit is not a proper subject for post-conviction habeas corpus relief” and 2. “Applicant is not entitled to time credit for the time spent in the Hidalgo County Jail between his arrest and sentencing, since he waived that credit as a part of the plea bargain agreement into which he entered in return for the state’s recommendation of a two-year state jail sentence.” The trial judge then recommended denial of Olivares’ habeas application. The Court of Criminal Appeals (CCA) remanded the application, because it determined that the trial judge’s factual findings were not supported by the record. The CCA stated that time-credit questions are often the subject of post-conviction habeas corpus review and also that the record did not contain anything to show that applicant affirmatively waived his right to presentencing jail time credit as a condition of his plea agreement. The CCA therefore ordered the trial judge to make findings as to whether applicant expressly and affirmatively waived the right to pre-sentencing jail time credits as a condition of his plea agreement, and supplement the record with a copy of the plea agreement showing the waiver. The trial judge filed a copy of the reporter’s record of the plea hearing in question. The trial judge found that “[t]he transcript of the plea hearing in this case below shows that Applicant expressly and affirmatively waived the right to pre-sentencing jail time credits as a condition of his plea agreement.” As a result, the trial judge again recommended that relief be denied. HOLDING:Affirmed. Having reviewed the record submitted by the trial judge, the CCA agreed with the trial judge’s recommendation, and concluded that Olivares is not entitled to relief. The CCA, however, wrote further to address the trial judge’s “offensive hand-written note” to the members of this CCA. In its opinion, the court published the note, which read: “To the Justices of said Court. “What part of zero time � No jail time credit does t[he] Appellate Court or the Clerk thereof not understand? “This is a terrible waste of time, effort and money.” The CCA responded: “First, the statement is unnecessary; it contributes nothing to the legal issue before us. Second, and most importantly, it is highly unprofessional. When a judge chastises other members of the judiciary in this manner, it not only reflects poorly on the judge, it undermines the integrity of the justice system. In responding to the judge’s remarks, the CCA quoted U.S. Supreme Court Justice Anthony Kennedy: “The collegiality of the judiciary can be destroyed if we adopt the habits and mannerisms of modern, fractious discourse. Neither in public nor in private must we show disrespect for our fellow judges. Whatever our failings, we embody the law and its authority. Disrespect for the person leads to disrespect for the cause. If public respect for the judiciary is to be maintained, it must begin from within.” OPINION:Keasler, J., delivered the opinion of the court in which Keller, P.J., and Price, Hervey and Holcomb, J.J., joined. Womack, Johnson and Cochran, J.J., concurred in the result. Meyers, J., did not participate.

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