Opinion
No. WR-64,156-01
April 5, 2006. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus, Cause No. 21165 in the Third Judicial District Court, Anderson County.
ORDER
This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offense of delivery of controlled substance, and punishment was assessed at fifteen (15) years' confinement. No direct appeal was taken. Applicant contends that he is being unlawfully held beyond his mandatory supervision release date of February 14, 2004. The trial court has not entered findings of fact or conclusions of law. We believe that Applicant has alleged facts that, if true, might entitle him to relief. Therefore, it is this Court's opinion that additional facts need to be developed and because this Court cannot hear evidence, the trial court is the appropriate forum. The trial court shall resolve those issues as set out in Tex. Code Crim. Proc. art. 11.07, § 3 (d), in that it may order affidavits, depositions, or interrogatories from appropriate officials with the Texas Board of Pardons and Paroles and the Texas Department of Criminal Justice, Classification and Records Office, or it may order a hearing. In the appropriate case the trial court may rely on its personal recollection. 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 to be represented by counsel, the trial court will then, pursuant to the provisions of Tex. Code Crim. Proc. art. 26.04, appoint an attorney to represent him at the hearing. Following receipt of additional information, the trial court shall make findings of fact as to whether Applicant's offenses do not render him ineligible for release to mandatory supervision or discretionary mandatory supervision, and if Applicant is eligible for such release, whether release is being unlawfully denied. The trial court shall also make any further findings of fact and conclusions of law it deems relevant and appropriate to the disposition of the application for writ of habeas corpus. The trial court shall supplement the habeas record with copies of all documents upon which its findings are based, including copies of the court's judgments in cause numbers 24727 and 1210(3), affidavits, and any other relevant documents. Because this Court does not hear evidence, Ex Parte Rodriguez, 334 S.W.2d 294 (Tex.Crim.App. 1960), this application for a 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 ninety (90) days of the date 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 returned to this Court within one hundred twenty (120) days of the date of this order. IT IS SO ORDERED.
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.