Opinion
WR-95,676-01
06-12-2024
EX PARTE ANTHONY CRUZ MARTINEZ, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1803615-A IN THE 178TH DISTRICT COURT FROM HARRIS COUNTY
ORDER
PER CURIAM.
Applicant was convicted of credit card/debt card abuse elderly and sentenced to five years' imprisonment. Applicant did not file a direct appeal. 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 his plea was involuntary because the plea agreement was conditioned on his receiving 701 days of pre-sentence jail credit and the Texas Department of Criminal Justice cannot apply the full credit to his time because it would extend beyond his offense date. Applicant has alleged facts that, if true, might entitle him to relief. Bitterman v. State, 180 S.W.3d 139, 141 (Tex. Crim. App. 2005); Shannon v. State, 708 S.W.2d 850, 852 (Tex. Crim. App. 1986). 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 trial counsel to respond to Applicant's claim. 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 make findings of fact and conclusions of law as to whether the jail time credit of 701 days as reflected on the judgment was an affirmative agreement as a part of the guilty plea. If so, the trial court shall make findings as to whether the Texas Department of Criminal Justice is applying the full time credit awarded on his judgment, or whether something, such as the offense date, is preventing such credit from being properly applied. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claims.
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.