l 7 sTE\/E`.“J D. GILBERT # 42364»5 ij ’5%~ 161 1 20
TDCJ-ID ELLIS UNIT
1687 FM 980 Rd;
Huntsville, Texas 77343
January 281 2015
TO: ' 4 Re: Habeas Corous Writ
' ' 17,545-19 and
THE COURT OF CRIMINAL APPEALS 171 545_20
ABEL ACOSTA, CLERK
P.O. BOX 12308
CAPITOL STATION
USTIN, TEXAS 78711
Dear Clerk,
Enclosed please find my Objection to the Trial Court's
findings and conclusion> in this habeas corpus proceeding, will
you please present this to the court for a consideration in the
matter prior to it's final decision in this case, »
Thank you kindly, I do
§teven D"'Gilbert #423646
cc:files
CCA Clk.
PECE|\IEDMWLS IN
©OUHTOFCRMNALAPPEALS
FEB 0 4 2015
Abet Acosta, Clerk'
IN`THE COURT OF CRIMINAL APPEALS
FOR THE STATE OF TEXAS
ax PARTE y §m _»'1.
sTE"vEN DWAYNE GILBERT. ~ .¢- _ 1 ' ‘»#
APPLICANT , n § q TRIAL NO. 6754-1,6755'
' ccA No. wR- 17, 545- 19 and
§ 17, 545- 20
APPLICANT'$ oBJECTIoN To THEm , 5 _ q
TRIALCCOURT'S FINDINCS OF FACT
AND CQNCLQ§IONS»OF#LAW :' ‘
cr nr:"“w
x \" f
..» _. .4`-1~
TO THE JUDGES OF THE "‘\)UR'11 OF FRIWIN L §QPE§LS ::
rz ~ r'fé x.)<; - »
COME§ NQW,_ App]icant. Gilbert, who~brought~this~habeas~'
corpus writ‘pursuant to articleill.07'V.A»C.C;P:r'and on
August 14, 20l4i,the state responded\by~stating that nothing
was wrong wi. th aopl1canl susentence-~ The trial court adopted
the_stat§ s argument and ,ecommended tha-; the writ be.denied.
On Octooer l§,F2014h+tha,Qourt.of;Criminal Appeals remanded the,‘
habeasdwrit;pac§@t@tthe;trial¢comntgafter¢deciding~thatithe*
claim, ifwtruey,mightzentitle,apgliaant to releif, and ordered
the trial court to make_axfinding and~conclusion'as.to theY`
claim by applicant that he had heenwdenied FlatyTime Creditsw
for time span in jail pursuant to preq revocation parole
varrants. On January 27, 2015, the trialcourt issued it's
findings aid :onclusions clalmlno that it_found no unresolved
issue with the calculation of aopl1ca11' sentence and the
trial court again re§ommende d that the habeasyw§}$ be denied.
APPLICANT'S OBJECTION
Applicant objects to the findings and conclusions by the
trial court whereas applicant states that the trial court has
made a misapplication of the facts in this habeas writ.
"(1)
THE FACTS AND THE EVIDENCE
The facts were not disputed by the state, that applicant
cannot be denied flat time credits for time spent confined
ursuant to an issuance of a pre-parole revocation warrant.
See Ex Parte Canada, 754 S.W“ 2d 660.j However, the trial
court issued it's findings of facts pursuant to an Affadavit by
Charley Valdez, the Supervisor III, for the Classifacation and
Records Department of TDCJ=ID. Applicant alleges that Mr}
Valdez's affadivat was and is not an official document reliable
Or truthful to make a de novo hearing one of fairness. In
applicant's habeas filings he presented reliable evidence to
support his claim, that evidence consisting of official
documents showing without question or dispute that he had been
wrongfully denied his flat time credits?
THE EVIDENCE :
In this habeas corpus proceeding applicant presented a
"TIME RECORD SHEET". That time record sheet shows how much
time applicant has been credited on his 30 year sentence. The
time record sheet is an offical document provided to every
offender by TDc.:r-ID. ' `
Secondlv, applicant presented a "Manuel Calculation Time
Print-out Form". That form was provided by staff counsel for
Offenders. It shows each time applicant entered TDCJ-Id, and
the date of his release. Also, it was an calculation of
the exact amount of time applicant has accumalated on his
30 year sentence pursuant to the 5 times he was in TDCJ-Id.
According to these offical documents, it is obvious and
also undisputed by Mr. Valdez that applicant has earned 24 years,
7 months and 21 days on his 30 year sentence¢
(2)
THE MISAPPLICATION OF THE FACTS :
The only issue for the trial court was for it to decide
where did the 24 years, 7 months and 21 days that applicant has
been given credit for come from= Mr. Valdez simply typed up a
chart by using all of applicant's arrest dates and release dates
and stated that applicant had received credits for those dates.
However, applicant viggorously alleges that for Mr. Valdez to
claim such is absolutely absurb, because the actual offical Time
Sheet Records from TDCJ-ID clearly shows that applicant has
'been incarcerated 5 differnt times on his 30 year sentence and
pursuant to those 5 incarcerations applicant was in prison for
24 years, 7 months and 21 days, hThe trial court misapplied the
facts by not doing it's own calculation of applicant's time
from his 5 incarcerations, instead it relied on a erroneous
and untruthful affadavit of Mr. Valdez.
BASIC MATH MATICS :
Because applicant's 5 prison incarcerations equals 24 years,
7 months, and 21 days; and according to Mr, Valdez himself;the
recor’s shows that applicant has been credited with 24 years,
7 months and 21 days, for Mr. Valdez to state the claim that
TDCJ had given applicant the 20 months flat time credits that
he claims he has been denied is far fetched.
A SIMPLE HABEAS CORPUS ISSUE 2
The issue is very simple, first determine how much time
applicant spent in prison on his sentence the 5 incarcerations
and then review TDCJ~Id's records to find out how much time
applicant has been credited. lf applicant has spent 24 years,
7 months, and 21 days in prison, then there is no way TDCJ has
credited him with the 20 months pre-revocation parole credits.
(3)
§
THE EXHIBITS ;
Attached to this objection applicant is presenting the
(A) TIME RECORD SHEETFFROM TDCJ"ID (B) AND THE MANUAL TIME
CACULATION FORM_SHEET. d
PURPOSE OF THE EXHIBITS :
Thes e exhi`oits will allow the Court of Criminal Appeals
to see that applicant has only been given credit for 24 years
7 months and 21 days,, also, a review of the findings and
conclusions by the trial court will reveal that Mr. Valdez
agrees to the figuration of the amount Of time applicant
has been credited tor. The Manuallime Caculation Form will
show how much time applicant earned "IN PRISON" on his sentence.
Without doubt the fact will show that applicant has not been
credited with any time except what he earned in prison.
WHEREFORE, Applicant Pray that this Court of Criminal
Appeals would reject the findings and conclusions of the trial
court and issue an order that TDCJ~ID immediately award the
20 months of flat time credits to the completion of applicant's
sentence, and that if so orderedy applicant would be released
. . §
to mandatory supervision parole pursuant to law
Re ectfuliy‘submitted,
d/f§§§§l¢§li;i;::£il£;;&§
“Steven D. Gilbert 423646
D.Bv Ellis Unit
1697 FM 980
Huntsville; Texas 77343
NOTARY
I, STEVEN D. GILBF RT Tdcj- -Id No. 423646, do hereby declare
under the penalt .y of perjury that the above is true and that I
signed the sa.ne on this \S¥-day of §bkya 35 , 2015=
/§5§3»»> fslil>@ds
Applic ant Pro Se
UNITC DPY _ `T.D.C.J.-INSTITUTISNAL UIVISION _ 05/02/2014-106
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' aePRJ-REL-DATE= 06 05 2016 11/:~.>'<- -ExP- DATE. \_ 01 28 2020 4;__
aeINMATE sTATus=- _ 11 ' MAX TERM 50 00_ 0'0 ‘
LAT TIME cREDI_.TEl_J_ w cALc BE@IN DATE= '01 13 1986
soon TIME cREDI_T = ' 1 1 Tnc.REcEIvE'DATE= 06 06 1906
soon YIME 41_"0$1'._:, " 0
BONUS TIME CREDITED¢ 1 04 18 ._
WORK TIME.CREDITED$ 0 00 00 _WDRK TIME LDST£ " 0
XTDTAL TIME CREDITED: 26 06 02 - b ~ j
xsTATus.EF'FEcT DAT"E= 01 10‘2013 . JAI-L suon_TIME REcEIvED= YEs
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Projzcted Release Date/Multiple Releases
' FIAT TH|£!'E
Period One `
`l°lq`O:- O?>"\S' Released
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' =og..og,~o)` Y/M{D Fiat
Period Four `
101 \..g'o# 13 Released_
-&03$-5_?=~9~'°\ Jail Date '
=Oh¥OLv'f l";! Y/M/D Flat`
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Released 3
Jail Date
Y/M/.D Flat
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Period Two
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Jail Date
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-_ Pgriod _Seven
MToday’ s Date
' -;_.2\ 22~ o\-l.G .Tail Date
= 0\¥- c>'~l ~ .;u-. Y/M_/D Fiac
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First Classiiication: bj=. Sec dClassii"`ication:____
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Class. End`
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Offender Name: 64 UOW S)d'p€/\
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Date Prom/Dem _
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Period_One 03 .- 0 l- OJ-
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" Period Five\§ .. .
Per`iod six
Period Seven __L.@_\_,|.._$`)..+
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