Judge reopens revocation for Michael Davis and resents to county jail credit under Texas Penal Code §12.44

A mistake in calculating incarceration credit prompted the court to reopen a revocation and re‑sentence Michael Davis under section 12.44 of the Texas Penal Code so he can receive appropriate credit and preserve a treatment bed in another jurisdiction.

The court acknowledged a prior plea and sentence for driving while intoxicated with a child and considered a motion from defense counsel explaining that the defendant’s credit for custody time had been miscalculated because a motion had not been filed until later. The defense and prosecution agreed it would be appropriate to reopen the revocation. The judge granted a motion to revoke and then assessed punishment under an agreement to 120 days in the Jefferson County Jail under section 12.44 of the penal code; the court ordered that Davis receive credit for any time in custody the law permits.

Why it matters Section 12.44 allows certain state‑jail felons to serve time in county jails rather than state facilities, which can affect treatment placements and the defendant’s ability to access a treatment bed tied to conditions of probation in another jurisdiction. Here, the correct calculation of custody credit was material to whether Davis could keep a treatment placement and the appropriate length of county jail time.

Court action and next steps The court revoked community supervision on the specified count, reassessed punishment under the parties’ agreement to 120 days in county jail per §12.44, and directed credit for lawful custody time. The trial‑court certification that accompanies plea agreements was provided and the defendant waived appeal rights on the matter per the court’s findings.