IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-77,224-01, WR-77,224-02, WR-77,224-03, WR-77,224-04, WR-77,224-05, WR-77,224-06, WR-77,224-07, WR-77,224-08, WR-77,224-09, WR-77,224-10, WR-77,224-11, WR-77,224-12, WR-77,224-13, WR-77,224-14, WR-77,224-15, WR-77,224-16 & WR-77,224-17
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 26697, 26698, 26748, 26760, 26761, 26803, 26804, 26805, 26806, 26807, 26808, 26809, 26810, 26811, 26812, 26840, & 26841
IN THE 354TH DISTRICT COURT
FROM HUNT 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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of thirteen charges of forgery and four charges of fraudulent use or possession of identifying information. Applicant was sentenced to twenty years' imprisonment for each charge. He did not appeal his convictions.
Applicant contends that his sentences are illegal because the enhancements alleged in the indictments did not authorize his twenty-year sentences. All seventeen indictments charged state jail felony offenses. All of the indictments contained enhancement allegations alleging two prior felonies with the same date of conviction in 2001 and two prior forgery convictions, one from 2001 and another from 2008. Applicant has alleged facts that, if true, might entitle him to relief. Ex Parte Rich, 194 S.W.3d 508 (Tex. Crim. App. 2006). 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).
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 and conclusions of law in regard to Applicant's claim that his sentence was illegal. The trial court shall make findings as to whether Applicant's conviction in Hunt County cause number 24,285 from September 11, 2008, was for felony forgery. The trial court shall also make findings as to whether Applicant's conviction from the 86th Judicial District Court of Kaufman County in cause number 20,356 from April 17, 2001, was for felony forgery. If the Kaufman County forgery case was a felony, the trial court shall make further findings as to whether it was for an offense that occurred subsequent to either of Applicant's Van Zandt County convictions of February 7, 2001, alleged as enhancements in the indictments for the instant cases. 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 90 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 and any judgments supporting those findings, shall be returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.
Filed: March 21, 2012
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