Opinion
NO. WR-86,207-01
01-25-2017
EX PARTE STEVEN RAY FOWLER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D-1-DC-13-301695-A IN THE 299TH DISTRICT COURT FROM TRAVIS COUNTY Per curiam. 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of unauthorized use of a motor vehicle and sentenced to two years' imprisonment.
Applicant contends that he is being restrained by a pre-revocation warrant beyond his maximum discharge date, which is preventing him from making bond on pending Bexar County case. Applicant has alleged facts that, if true, might entitle him to relief. TEX. GOV'T. CODE § 508.253; Ex parte Canada, 754 S.W.2d 660, 668 (Tex. Crim. App. 1988); Ex parte White, 400 S.W.3d 92. 94 (Tex. Crim. App. 2013). In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact.
The trial court shall order the Texas Department of Criminal Justice's Office of the General Counsel to file an affidavit stating whether there is a current pre-revocation warrant for Applicant. If so, the affidavit should state the date the current warrant was issued. The affidavit should also state Applicant's discharge date at the time he was released from TDCJ and any other relevant time calculations relating to this sentence.
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.
The trial court shall make findings and conclusions as to whether Applicant is still restrained in this case. If he is restrained by a pre-revocation warrant the court shall make further findings as to when the pre-revocation warrant was issued in this case, and whether it issued before Applicant served the remainder of his sentence on parole. 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 90 days 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 the trial court's supplemental findings of fact and conclusions of law, shall be forwarded to this Court within 120 days of the date of this order. Any extensions of time must be requested by the trial court and shall be obtained from this Court. Filed: January 25, 2017
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