Upon the defendant's guilty plea to forgery and assessment of two years in state jail and a $500 fine, the trial court correctly refused to grant him credit for the time he had served in a county jail. The limiting language in Code of Criminal Procedure art. 42.12 §15(d) that the trial court may not require a defendant to submit to both the term of commitment authorized by the subsection and a term of confinement in the county jail under §12 refers to situations where the trial court has ordered confinement in a state jail facility at the beginning of the community supervision term.

Gutierrez v. State No. 11-07-00322-CR