Opinion
No. WR-64,073-02
Filed: October 18, 2006. DO NOT PUBLISH.
On Application for a Writ of Habeas Corpus, Cause No. 3409 in the 394th District Court, from Brewster County.
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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of possession of less than one gram of cocaine and sentenced to three years' imprisonment. He did not appeal his conviction. Applicant contends that his community supervision in this cause was revoked in 2002 and that he served out that sentence before he was revoked again in 2005, thereby violating Double Jeopardy protections. The State responds that Applicant's community supervision was revoked in 2002 only in another cause, not this one. However, the trial court has entered no findings of fact, and the documentation in this record neither supports nor refutes either Applicant's or the State's allegations. Additionally, the documentation herein raises additional substantive issues regarding Applicant's conviction. Applicant has alleged facts that, if true, might entitle him to relief. In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex.Crim.App. 1997), the trial court is the appropriate forum for findings of fact. The trial court shall order the district clerk to supplement the record with the following documentation: copies of the trial docket sheet in cause no. 3409; the complete judgment placing Applicant on community supervision; any order extending the term of Applicant's community supervision; any motion to revoke Applicant's community supervision in this cause; any pleading seeking to enhance Applicant's sentence in this cause; and any amendment to the indictment to allege that Applicant possessed more than one gram of cocaine. The trial court may also supplement the record with the reporter's record of Applicant's 2001 revocation proceedings if such has previously been transcribed, and may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d) to further address Applicant's allegations if the court believes such proceedings are necessary. The trial court shall make findings of fact as to: whether Applicant's community supervision in this cause was revoked in 2001; whether the motion to revoke community supervision supporting the 2005 revocation was filed before the term of community supervision expired; whether punishment was enhanced with any prior convictions; and whether the indictment was amended to allege that Applicant possessed more than one gram of cocaine. The trial court shall also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claim for habeas corpus relief. 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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. A supplemental transcript containing any affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with supplemented record and the trial court's findings of fact and conclusions of law, shall be returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.