Opinion
WR-42,655-07
02-22-2023
EX PARTE STEPHEN SMITH, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1431529-B IN THE 339TH DISTRICT COURT FROM HARRIS COUNTY
ORDER
PER CURIAM
Applicant pleaded guilty to first degree felony engaging in organized criminal activity and was sentenced to eight years' imprisonment. He did not appeal his conviction. 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, among other things, that he is being improperly denied time credit while he was confined pursuant to his arrest for a new offense, before his parole was revoked in this case. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Canada, 754 S.W.2d 660 (Tex. Crim. App. 1998); Ex parte Price, 922 S.W.2d 957 (Tex. Crim. App. 1996). 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 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 response shall state whether Applicant presented a claim to the time credit resolution system of the Texas Department of Criminal Justice and, if so, the date the claim was presented. The response shall also state whether Applicant has been released to parole for this offense, and if so, the date(s) upon which he was released to parole, the dates upon which any pre-revocation warrants were issued and executed, the date(s) upon which Applicant's parole was revoked, and whether Applicant is receiving credit against this sentence for any time he was confined before his parole was revoked. The response shall state whether a pre-revocation warrant was in effect during any period that did not result in revocation of Applicant's parole, and if so, the dates during which that warrant was in effect. The response shall state whether Applicant received credit for any time during which a pre-revocation warrant that did not result in revocation of parole was in effect.
The trial court shall make findings of fact and conclusions of law as to whether, before filing this application, Applicant properly exhausted his administrative remedies as required by § 501.0081(b) of the Government Code. The trial court shall then make findings of fact and conclusions of law as to whether Applicant is receiving credit against this sentence for any time during which he was confined pursuant to a parole pre-revocation warrant, whether or not that warrant resulted in the revocation of his parole. 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.