Opinion
WR-95,435-01
02-14-2024
EX PARTE JUAN CARLOS BALDERASCASTRO, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-4-W012398-1660977-A IN THE CRIMINAL DISTRICT COURT NO. 4 FROM TARRANT COUNTY
ORDER
Per curiam
Applicant was convicted of driving while intoxicated with a child under 15 years of age and sentenced to 6 months' 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 he is being unlawfully confined in the Tarrant County Jail beyond his sentence discharge date. Applicant has alleged facts that, if true, might entitle him to relief. 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 Tarrant County Sheriff's Office to obtain responses from persons with knowledge of relevant facts. The responses shall state whether Applicant has discharged the sentence in this case. If Applicant has discharged this sentence, the responses shall state the reasons for Applicant's continuing confinement.
In developing the record, the trial court may use any means set out in Article 11.07, § 3(d). The trial court may order depositions, interrogatories, or a hearing. It appears that Applicant is represented by counsel. If the trial court elects to hold a hearing, it shall determine if Applicant is represented by counsel, and if not, 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. 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 addressing whether Applicant is confined on this sentence. The trial court shall also make findings of fact and conclusions of law as to whether Applicant is confined for any other reason. Additionally, the trial court shall make findings and conclusions as to whether Applicant's continuing confinement is lawful. 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 forty-five 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.