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Ex parte Lacy

COURT OF CRIMINAL APPEALS OF TEXAS
Jun 23, 2021
NO. WR-92,435-02 (Tex. Crim. App. Jun. 23, 2021)

Opinion

WR-92 435-02

06-23-2021

EX PARTE QUAN MONTRELL LACY, Applicant


Do not publish

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 60551-A IN THE 30TH DISTRICT COURT FROM WICHITA COUNTY

ORDER

PER CURIAM.

Applicant was convicted of arson and sentenced to 12 months' imprisonment in State Jail. 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 he is being denied diligent participation credit on his sentence. Applicant has alleged facts that, if true, might entitle him to relief. Tex. Code Crim. Proc. arts. 42.03, 42A.559, 42.0199. 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 response shall include Applicant's sentence begin date and his maximum discharge date. The response shall also state whether Applicant presented a claim to the time credit resolution system of the Texas Department of Criminal Justice and, if so, the date the claim was presented.

The trial court shall make findings of fact and conclusions of law as to whether, before filing this application, Applicant properly exhausted his administrative remedies as required by Section 501.0081(b) of the Government Code. The trial court shall then make findings and conclusions as to whether Applicant is receiving diligent participation credit on his sentence. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claims.

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.


Summaries of

Ex parte Lacy

COURT OF CRIMINAL APPEALS OF TEXAS
Jun 23, 2021
NO. WR-92,435-02 (Tex. Crim. App. Jun. 23, 2021)
Case details for

Ex parte Lacy

Case Details

Full title:EX PARTE QUAN MONTRELL LACY, Applicant

Court:COURT OF CRIMINAL APPEALS OF TEXAS

Date published: Jun 23, 2021

Citations

NO. WR-92,435-02 (Tex. Crim. App. Jun. 23, 2021)