Opinion
WR-70,358-02 70,358-03 70,358-04 70,358-05
08-23-2023
EX PARTE DONNY WAYNE PITTMAN, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 49927-B-H-1, 49929-B-H-1, 49933-B-H-1, & 49931-B-H-1 IN THE 124TH DISTRICT COURT FROM GREGG COUNTY
ORDER
PER CURIAM.
Applicant was convicted of possession of a prohibited weapon, unlawful possession of a firearm by a felon, prohibited substance/item in a correctional/civil commitment facility, and evading arrest/detention with a vehicle. He was sentenced to twenty years' imprisonment for each offense, all running concurrently. He did not appeal his convictions. Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See Tex. Code Crim. Proc. art. 11.07.
In five grounds, Applicant essentially contends that his "time sheet" from the Texas Department of Criminal Justice ("TDCJ") contains a number of errors related to the instant offenses-including the sentence begin date, the calculation of his pre-sentencing jail time credits, the calculation of his flat time served, and the maximum expiration dates for these sentences. The State filed a response arguing that Applicant's time credit error has been resolved by the 124thDistrict Court's judgments nunc pro tunc, which now reflect the proper pre-sentencing jail time credit. The trial court issued an order adopting the State's response and recommending that relief be denied. However, more information is needed. While the district court appears to have corrected the time credit error, it remains unclear if TDCJ has properly applied the corrections made by the trial court's judgments nunc pro tunc.
Applicant has alleged facts that, if true, might entitle him to relief. TEX. CODE CRIM. PROC. art. 42.03 §2(a). In these circumstances, additional facts are needed. 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 the Texas Department of Criminal Justice's Office of the General Counsel to obtain a response from a person with knowledge of relevant facts. 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 TDCJ is using the trial court's judgments nunc pro tunc to correctly determine Applicant's sentence begin date and maximum expiration date for the instant convictions. 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 supplemental 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.