IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 355904 IN THE 183RD JUDICIAL DISTRICT
COURT FROM HARRIS COUNTY
O R D E R
This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3. Applicant was convicted of murder and punishment was assessed at confinement for twenty-five years. There was no appeal from this conviction.
Applicant contends that his total credits on this sentence exceed twenty-five years, but the Texas Department of Criminal Justice, criminal institutions division, has failed to designate this sentence as having "ceased to operate." The trial court has entered findings of fact that Applicant has failed to comply with § 501.0081, Tex. Gov. Code, but we do not agree, because Applicant is not challenging the amount of credit he has received for time served.
It is this Court's opinion that previously submitted affidavits provide insufficient detail and additional facts need to be developed. Since this Court cannot hear evidence, Ex Parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum. The trial court may resolve those issues as set out in Article 11.07, § 3(d), TEX.CODE CRIM.PROC., in that it may order additional affidavits, depositions, or interrogatories from the Texas Department of Criminal Justice, criminal institutions division, either stating that Applicant has been conditionally released from confinement or reciting in detail the method of how Applicant's mandatory supervision date is being calculated. Alternatively, the court may order a hearing.
If the trial court elects to hold a hearing the court should first decide whether Applicant is indigent. If the trial court finds that Applicant is indigent, and Applicant desires representation by counsel, the trial court shall then appoint an attorney to represent him at the hearing pursuant to the provisions of Article 26.04, TEX.CODE CRIM.PROC.
Following the receipt of additional information the trial court should make findings of fact as to whether Applicant has been conditionally released from confinement and, if not, what other sentences Applicant is serving, the date of commission of each of the offenses underlying each of those other sentences, whether Applicant is deemed eligible for release on mandatory supervision as to each sentence, what time credits Applicant has accrued on his sentences, and how those credits are being applied to determine Applicant's mandatory supervision release date. The trial court should also make any further findings of fact and conclusions of law which it deems relevant and appropriate to the disposition of Applicant's claim for habeas corpus relief.
This application for post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. Resolution of the issues shall be accomplished by the trial court within 60 days of the date of this order. (1) A supplemental transcript containing any affidavits, exhibits, or transcription of the court reporter's notes from any evidentiary hearing, along with the trial court's supplemental findings of fact and conclusions of law, shall be returned to this Court within 90 days of the date of this order. (2)
DELIVERED: December 7, 2005
DO NOT PUBLISH
1. 1 In the event any continuances are granted, copies of the order granting the
continuance should be provided to this Court.
2.