Per curiam.
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 possession of a controlled substance and sentenced to twelve (12) years' imprisonment. No direct appeal was taken.
Applicant contends that he is eligible for street time credit but has been improperly denied credit on his sentence for a period of parole from June 29, 1999, until September 26, 2002.
On January 31, 2007, this Court remanded this application to the trial court for further fact findings. In our remand order, we noted that the habeas record contained an affidavit from the Texas Department of Criminal Justice, Correctional Institutions Division which showed that Applicant had been denied street time credit because he was convicted of the offense of possession of controlled substance in a drug free zone in 2003. However, Applicant was convicted of this offense in 1986. This Court has held that a subsequent conviction does not make an Applicant ineligible for street time for an earlier conviction. See Ex parte Keller, 173 S.W.3d 497 (Tex. Crim. App. 2005). We noted that Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Spann, 132 S.W.3d 390 (Tex. Crim. App. 2004).
In response to our remand order, the trial court has entered supplemental findings of fact and conclusions of law. However, the record still does not contain information about the dates of issuance of any parole-revocation warrants leading to the revocation of Applicant's parole and the date any such parole-revocation warrants were withdrawn. 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 shall order the Texas Department of Criminal Justice, Parole Division to file a supplemental affidavit listing Applicant's sentence begin date, the dates of issuance of any parole-revocation warrants leading to the revocation of such parole, and the date any such parole-revocation warrants were withdrawn.
This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 30 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 orders, affidavits, and interrogatories shall be returned to this Court within 45 days of the date of this order. Any extensions of time shall be obtained from this Court.
Filed: April 18, 2007
Do not publish