Opinion
WR-29,273-19
10-09-2024
EX PARTE TIMMY ANTONIO DAWSON, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 008339-B IN THE 259TH DISTRICT COURT FROM JONES COUNTY
ORDER
PER CURIAM.
Applicant was convicted of possession of a deadly weapon in a penal institution and sentenced to two years' imprisonment. Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07. Applicant contends that the two-year sentence should have discharged.
On May 25,1994, Applicant was convicted of murder and sentenced to 99 years in prison. On April 16, 2002, he was assessed a cumulated two-year sentence for this weapon possession offense. Applicant says that he was released to parole on the murder sentence on April 9, 2024. He says that he has not yet been released from physical custody and is being held on the weapon possession two-year sentence although he has enough pre-sentence confinement credit to have discharged it. According to the State, Applicant's claim is moot because his pre-sentence confinement credit has already satisfied the sentence, and his release to parole is pending the issuance of a Parole Certificate. The State is likely correct, but nothing in the habeas record shows this to be true.
Applicant has alleged facts that, if true, might entitle him to relief. Tex. Gov't Code § 508.283(b) and (c); Ex parte Spann, 132 S.W.3d 390 (Tex. Crim. App. 2004). Accordingly, the record should be developed. The trial court is the appropriate forum for findings of fact. Tex. Code Crim. Proc. art. 11.07, § 3(d). The trial court shall order the Texas Department of Criminal Justice's Office of the General Counsel to obtain a response from a person with knowledge of relevant facts. In developing the record, the trial court may use any means set out in Article 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 wants to be represented by counsel, the trial court shall appoint counsel to represent him at the hearing. See Tex. Code Crim. Proc. art. 26.04. If counsel is appointed or retained, the trial court shall immediately notify this Court of counsel's name.
The trial court shall make findings of fact and conclusions of law as to whether the habeas application is moot, and if not, whether it has merit. The trial court may make any other findings and conclusions that it deems appropriate.
The trial court shall make findings of fact and conclusions of law within ninety days from the date of this order. The district clerk shall then immediately forward to this Court the trial court's findings and conclusions and the record developed on remand, including, among other things, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from hearings and depositions. See Tex. R. App. P. 73.4(b)(4). Any extensions of time must be requested by the trial court and obtained from this Court.