IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 946835 IN THE 185TH DISTRICT COURT
FROM HARRIS 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of breach of computer security and sentenced to twenty months' imprisonment. There was no direct appeal.
Applicant contends, among other things, that he is being denied pre-sentence jail time credits. In its findings of fact, the trial court concluded that Applicant was granted time credits. But according to a representative at TDCJ-State Jail Felony Division, there is no record of an order from the trial court granting Applicant time credits.
We believe that 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 determining whether Applicant is being denied pre-sentence jail time credits.
If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Application 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 as to whether Applicant was granted pre-sentence jail time credits and, if so, what credits he received. The trial court shall make further findings as to when Applicant was confined prior to sentencing and what the conditions and circumstances of that confinement were. 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 20 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 40 days of the date of this order. Any extensions of time shall be obtained from this Court.
Filed: October 25, 2006
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