Opinion
No. WR-29,358-03
Delivered: June 28, 2006. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus, Cause Number W89-81523-H(B) in the Criminal, District Court No. 1 Dallas County.
ORDER
This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of unlawful possession of a controlled substance and was sentenced to ten years and one day in prison. The conviction was affirmed on direct appeal in an unpublished opinion. Winston v. State, 05-89-01208-CR (Tex.App.-Dallas, delivered April 15, 1991, pet. ref'd). In this application, Applicant contends that he is not being credited with street-time earned while on conditional release. Additional information is necessary to resolve this street-time claim. Because this Court does not hear evidence, though, the trial court is the appropriate forum. Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex.Crim.App. 1960). Thus, the trial court shall resolve this issue as set out in Article 11.07, Section 3(d), of the Texas Code of Criminal Procedure, in that it shall order the Classification and Records Division as well as the Parole Division of the Texas Department of Criminal Justice to file affidavits, with supporting documentation, addressing this issue. The trial court may also order depositions, interrogatories, or hold a hearing. If the trial court elects to hold a hearing, the court shall first decide whether Applicant is indigent. If the trial court finds that Applicant is indigent, and Applicant desires to be represented by counsel, the trial court will then, pursuant to the provisions of Article 26.04 of the Texas Code of Criminal Procedure, appoint an attorney to represent him at the hearing. Following the receipt of additional information, the trial court shall make findings of fact and conclusions of law regarding whether Applicant has properly exhausted this claim under Section 501.0081 of the Government Code and whether he has received the proper credit on his sentence. The trial court may also make any further findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's application for habeas corpus relief. Further, because this Court does not hear evidence, Ex parte Rodriguez, 334 S.W.2d at 294, these applications for a post-conviction writs of habeas corpus will be held in abeyance pending the trial court's compliance with this order. Resolution of the issues shall be accomplished by the trial court within 90 days of the date of this order. 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 shall be returned to this Court within 120 days of the date of this order.
In the event any continuances are granted, copies of the order granting the continuance shall be provided to this Court.
Any extensions of this time period shall be obtained from this Court.