IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 17550 IN THE 23RD DISTRICT COURT
OF BRAZORIA 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 felony theft and punishment, enhanced by a prior conviction, was assessed at confinement for twenty years. There was no appeal from this conviction.
Applicant contends that he has not received credit for time he was out of custody on parole from 1992 to 2003. The trial court has found only that Applicant did not include a copy of his rejection letter from the office of time credit resolution, although Applicant alleged that the office rejected his application on March 15, 2005.
It is this Court's opinion that additional facts need to be developed, and 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 affidavits, depositions, or interrogatories from both the Criminal Institutions and Parole Divisions of the Texas Department of Criminal Justice, or it 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: what dates Applicant was out of custody on parole, what date the parole violator warrant or summons was issued which resulted in Applicant's parole being revoked, the date Applicant's parole was revoked, and whether Applicant has been denied credit for the period he was out of custody. If Applicant has been denied credit for the period he was not in custody, the court shall also determine the reason such credit was denied, including the elements of any prior conviction deemed to render Applicant ineligible for such credit. Finally, the trial court should determine whether Applicant requested this credit from the office of time credit resolution and the dates any such credit was requested or denied, and 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: APRIL 12, 2006.
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.