Opinion
WR-59,944-06
06-28-2023
EX PARTE CHARLES MATTHEW FARMER, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. B980336-CR IN THE 163RD DISTRICT COURT FROM ORANGE COUNTY
ORDER
PER CURIAM
Applicant was convicted of burglary and sentenced to 99 years' imprisonment. The Ninth Court of Appeals affirmed his conviction. Farmer v. State, No. 09-01-00371-CR (Tex. App. - Beaumont, Feb. 12, 2003). 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, while on parole in this case, he committed a misdemeanor offense in May 2019. As a result, a parole revocation detainer was lodged against him in Feb. 2021. Applicant avers that he was denied credit for the time he was confined pending parole revocation proceedings.
Applicant has alleged facts that, if true, might entitle him to relief. Nixon v. State, 572 S.W.2d 699, 701 (Tex. Crim. App. 1978); see also Ex parte Price, 922 S.W.2d 957, 959 (Tex. Crim. App. 1996). 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 Texas Department of Criminal Justice's Office of the General Counsel to obtain a response from a person with knowledge of relevant facts. 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 response shall state whether Applicant presented a claim to the time credit resolution system of the Texas Department of Criminal Justice and, if so, the date the claim was presented. The response shall state whether there were any detainers or holds in place for this cause at any time after May 2019. If there were any detainers or holds placed on Applicant for this cause, the affidavit shall list the date(s) during which those detainers or holds were in effect, and shall state whether Applicant is receiving credit for any such time.
The trial court shall make findings of fact and conclusions of law as to whether, before filing this application, Applicant properly exhausted his administrative remedies as required by § 501.0081(b) of the Government Code. The court shall also make findings of fact and conclusions of law as to whether Applicant was subject to warrants or detainers or holds for this cause at any time while he was awaiting revocation of his parole. If he was subject to any detainers or holds, the trial court shall supplement the habeas record with copies of any documentation showing the existence of such detainers or holds. The trial court shall also make findings and conclusions as to whether Applicant is receiving the proper amount of time credit for that time. 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.