Opinion
WR-95,003-01 95,003-02 95,003-03
08-23-2023
EX PARTE MICHAEL JEROME FLETCHER, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. W-9143566-A, W-9163505-A, & W-9166804-A IN THE CRIMINAL DISTRICT COURT NO. 3 FROM DALLAS COUNTY
ORDER
Per curiam.
Applicant was convicted of two aggravated robbery offenses and sentenced to ninety years' imprisonment, to run consecutively. Applicant was also convicted of murder and was sentenced to twenty years' imprisonment. The Fifth Court of Appeals affirmed his convictions. Fletcher v. State, Nos. 05-91-01798-CR & 05-91-01799-CR (Tex. App.-Dallas Dec. 28, 1992, no pet.); Fletcher v. State, No. 05-92-00017-CR (Tex. App.-Dallas June 3, 1994, pet. ref'd). Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant contends, among other things, that the Texas Department of Criminal Justice (TDCJ) is improperly cumulating his sentences for aggravated robbery, murder, and possession with intent to deliver a controlled substance. 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 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 trial court shall order the Texas Department of Criminal Justice's Office of the General Counsel to file an affidavit explaining how Applicant's sentences in cause numbers F91-63505 (aggravated robbery-90 years), F91-66804 (aggravated robbery-90 years), F91-43566 (murder-20 years), and F91-69377 (possession with intent to deliver-10 years) are being calculated and the rationale for such calculation. The affidavit shall state what sentence Applicant is currently serving, his parole eligibility date on each sentence, and his maximum discharge date on each sentence. The affidavit shall also state if Applicant has completely discharged any of his sentences and detail the time credit given for each of his sentences. Finally, the affidavit should indicate whether or not Applicant has submitted his claim to the time credit resolution system of TDCJ, and if so, the date when the claim was submitted.
The trial court shall make findings of fact and conclusions of law as to whether Applicant has properly exhausted his administrative remedies as required by Texas Government Code § 501.0081(b)-(c). The trial court shall then make findings and conclusions as to whether Applicant's sentences are being properly calculate, including specifically whether TDCJ is improperly cumulating his sentences. 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.