IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 8100-1A IN THE 1-A DISTRICT COURT
FROM JASPER COUNTY
O R D E R
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of forgery and sentenced to ten years' imprisonment.
Applicant contends that he is being improperly denied credit for time spent on mandatory supervision. Applicant alleges that he is within 180 days of his presumptive release date, and that he therefore does not have to exhaust his administrative remedies by filing his claim with the time credit resolution system of TDCJ. See Tex. Gov't Code §501.0081(c). Applicant has alleged facts that, if true, might entitle him to relief. In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1997), the trial court is the appropriate forum for findings of fact. The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d), in that it may order the Texas Board of Pardons and Paroles and/or the Texas Department of Criminal Justice, Institutional Division to file an affidavit addressing first whether Applicant has any prior or subsequent convictions which would render him ineligible for street time credit. See Tex. Gov't Code §§ 508.149(a), 508.283(b),(c). If Applicant does not have any such convictions, the affidavit should list the dates of any release(s) to parole or mandatory supervision on this conviction, and the dates upon which any pre-revocation warrant(s) were executed. Finally, the affidavit should state how much time was remaining on Applicant's sentence at the time of any release(s) to parole or mandatory supervision, with how much time Applicant was charged as being out on any unsuccessful period(s) of parole or mandatory supervision, and whether Applicant received credit against his sentence for any such period(s). The trial court may also order depositions, interrogatories or a hearing. In the appropriate case, the trial court may rely on its personal recollection.
If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing. Tex. Code Crim. Proc. art. 26.04.
The trial court shall make findings of fact as to whether Applicant is eligible to earn street time credit against his sentence in this cause, and as to whether Applicant is receiving all the credit to which he is entitled. The trial court shall also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claim for habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 60 days of this order. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, 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. Any extensions of time shall be obtained from this Court.
Filed: November 22, 2006
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