Opinion
WR-95,746-01
06-19-2024
EX PARTE JOHN HENRI BONNER, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W22-33403-S(A) IN THE 282ND DISTRICT COURT FROM DALLAS COUNTY
ORDER
PER CURIAM.
Applicant was convicted of burglary of a building and sentenced to eighteen months state jail 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 he is being denied a portion of pre-sentence jail time credit to which he is entitled and which was a part of his plea bargain agreement. If that missing credit were to be awarded, this sentence would have already discharged, making this an illegal confinement claim, not a simple pre-sentence jail time claim. Applicant has alleged facts that, if true, might entitle him to relief. Brady v. United States, 397 U.S. 742 (1970). 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). 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 Applicant is being improperly denied jail time credits to which he is entitled. If so, the trial court shall enter a judgment nunc pro tunc to correct the jail time credits as indicated on the judgment of conviction. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claim.
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.