Opinion
No. WR-64,459-01
Delivered: April 26, 2006. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus in, Cause No. 296-81025-91 in the 296th, District Court, from Collin County.
ORDER
This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3. Applicant was convicted of burglary of a building, and punishment was assessed at confinement for five years. There was no appeal from this conviction. Applicant contends that he has not received credit for time he was confined in Mississippi and that his parole was improperly revoked years after it expired. The trial court has entered findings of fact that no parole violator warrant was in effect against Applicant between July 11, 1996, and June 7, 2000. However, that finding is not supported by this record, and if no warrant was in effect for that period then Applicant's parole would have expired in 1996. It is this Court's opinion that additional facts need to be developed, and since this Court cannot hear evidence, Ex Parte Rodriguez, 334 S.W.2d 294, 294 (Tex.Crim.App. 1960), the trial court is the appropriate forum. The trial court may resolve those issues as set out in Article 11.07, § 3(d), TEX. CODE CRIM.PROC., in that it may order affidavits, depositions, or interrogatories from both the criminal institutions and parole divisions of the Texas Department of Criminal Justice, or it may order a hearing. If the trial court elects to hold a hearing the court shall first decide whether Applicant is indigent. If the trial court finds that Applicant is indigent, and Applicant desires representation by counsel, the trial court shall then appoint an attorney to represent him at the hearing pursuant to the provisions of Article 26.04, TEX. CODE CRIM.PROC. Following the receipt of additional information the trial court shall make findings of fact as to whether Applicant is still confined on this sentence or pursuant to a parole violator warrant in this cause. If so, the court shall also find: what credit Applicant has been given for time he was confined on parole violator warrants; what dates, if any, that parole violator warrants were issued and that Applicant was confined in Mississippi pursuant to such warrants in this cause; whether any parole violator warrant was withdrawn prior to Applicant's parole revocation; the reasons why any such detainer was withdrawn if the warrant was still in effect and Applicant was still confined; the reason Applicant was not given a prompt parole revocation hearing when his Mississippi sentence expired, and the date Applicant was released again after his parole was revoked. The trial court shall also make any further findings of fact and conclusions of law which it deems relevant and appropriate to the disposition of Applicant's claim for habeas corpus relief. This application for post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. Resolution of the issues shall be accomplished by the trial court within 60 days of the date of this order. A supplemental transcript containing any affidavits, exhibits, or transcription of the court reporter's notes from any evidentiary hearing, 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.
In the event any continuances are granted, copies of the order granting the continuance shall be provided to this Court.
Any extensions of this time period shall be obtained from this Court.