Opinion
No. WR-67,406-01
Filed: May 9, 2007. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus, Cause No. 29219 in the 13th District Court from Navarro County.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of unlawful possession of a firearm by a felon and sentenced to three years' imprisonment. Applicant contends that he has been denied credit for a period of jail time served pursuant to a pre-revocation "blue warrant" following his release on mandatory supervision. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Canada, 754 S.W.2d 660, 668 (Tex.Crim.App. 1988). The trial court has entered findings that Applicant's sentence was discharged on December 16, 2006, and he was released on January 10, 2007. As such, Applicant's claims are moot. However, these findings are not supported by the record. In an abundance of caution we remand this application in order to complete the record. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex.Crim.App. 1997), the trial court is the appropriate forum for findings of fact. The trial court may use any means set out in Tex. Code Crim. Proc. Art. 11.07, ?3(d), in that it shall order the appropriate officials of the Texas Department of Criminal Justice's Correctional Institutions Division, State Jail Division, and the Board of Pardons and Paroles the Texas Department of Criminal to file affidavits reflecting the disposition of revocation proceedings against Applicant and whether this sentence has been discharged in full. Finally, the affidavit should indicate whether Applicant has submitted his claim to the time credit resolution system of TDCJ, and if so, the date when the claim was submitted, or if not, whether Applicant was a person described by Tex. Gov't Code ?501.0081 (c) at the time he filed this application. The trial court may also order depositions, interrogatories or a hearing. If the trial court elects to hold a hearing, it shall determine 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. Following receipt of additional information, the trial court may make additional findings of fact and conclusions of law it deems relevant and appropriate to the disposition of the application for writ of habeas corpus. The trial court shall resolve the issues presented within forty-five (45) 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 any supplemental findings of fact and conclusions of law, shall be returned to this Court within sixty (60) days of the date of this order. Any extensions of time shall be obtained from this Court.