Opinion
No. WR-66,361-01.
Filed: December 13, 2006. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus Cause No. F-0132615-IH in The Criminal District Court of Dallas 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 aggravated assault and sentenced to three years' imprisonment. Applicant contends that he is being denied credit for time confined before his community supervision was revoked in this cause, and that such credit would result in discharge of this sentence. The trial court has entered findings as to what credit Applicant has received, but has made no findings as to when Applicant was confined in the Dallas County jail on this cause. Applicant has alleged facts that, if true might entitle him to relief. In these circumstances, additional facts are needed. 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). It may order a custodian of records at the Dallas County jail to file an affidavit listing the dates Applicant has been confined there in this cause between August 7, 2001, and April 25, 2005. The court shall also have the record supplemented with copies of any orders requiring confinement as a condition of community supervision, any motions to revoke community supervision, and any orders disposing of such motions to revoke in this cause. The trial court may also order depositions, interrogatories or a hearing. In the appropriate case, the trial court may rely on its personal recollection. Id. If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Application 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. The trial court shall make additional findings of fact as to what dates Applicant has been confined in this cause prior to having his guilt adjudicated, and as to whether any of those dates constituted confinement as a condition of community supervision. The trial court shall also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claim for habeas corpus relief. This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 60 days of this order. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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 90 days of the date of this order. Any extensions of time shall be obtained from this Court.