Opinion
WR-94,576-02
07-26-2023
EX PARTE JADARIUS THOMAS, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W18-40416-I(A) IN THE CRIMINAL DISTRICT COURT NO. 2 FROM DALLAS COUNTY
ORDER
PER CURIAM.
Applicant pleaded guilty to robbery in exchange for deferred adjudication community supervision. He was later adjudicated guilty and sentenced to ten years' imprisonment. Applicant 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 that he is not being properly credited with the pre-sentencing jail time awarded to him on the judgment adjudicating guilt in this case. Applicant has alleged facts that, if true, might entitle him to relief. The trial court entered an order designating issues and appointed a writ master to resolve Applicant's claims. The trial court finds that the writ master communicated with someone at the time credit resolution system of Texas Department of Criminal Justice, who advised the writ master that Applicant is receiving the credit to which he is entitled in this case. However, the habeas record does not contain an affidavit from the Texas Department of Criminal Justice or an affidavit from the writ master to support the trial court's findings of fact. Accordingly, the record should be further 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.
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 then state whether Applicant is receiving credit against this sentence for the 156 days awarded to him on the judgment adjudicating guilt. 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 determine whether Applicant is receiving the proper credit as reflected on the judgment adjudicating guilt. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claim.
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.