Opinion
NO. WR-86,493-02
09-27-2017
EX PARTE RUSTY HILLIARD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 12F0711-005-B IN THE 5TH DISTRICT COURT FROM BOWIE 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 driving while intoxicated and sentenced to six years' imprisonment. He was released to parole and that parole was later revoked.
Applicant filed a habeas application in the trial court raising a time-credit claim, and the trial court ordered State Counsel for Offenders to provide an affidavit. The affidavit has been provided, but it remains unclear if Applicant is entitled to and receiving time-credit for time spent in confinement under a pre-revocation ("blue") warrant before his parole was revoked. Ex parte Canada, 754 S.W.2d 660, 668 (Tex. Crim. App. 1988). The trial court shall order the Texas Department of Criminal Justice's Office of the General Counsel to file an affidavit responding to the time-credit claim.
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 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 shall be obtained from this Court. Filed: September 27, 2017
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