Opinion
WR-93,153-05 WR-93,153-06
02-07-2024
EX PARTE JEWELL LEE THOMAS, Applicant
DO NOT PUBLISH
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. W-1810610-D & W-1831413-D IN THE 283RD DISTRICT COURT FROM DALLAS COUNTY
ORDER
PER CURIAM.
Applicant was convicted of two offenses of driving while intoxicated and sentenced to two concurrent terms of ten years' imprisonment. The Fifth Court of Appeals affirmed his convictions. Thomas v. State, Nos. 05-21-00471-CR & 05-21-00472-CR (Tex. App.-Dallas Aug. 18, 2022) (not designated for publication). 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 the habeas applications, Applicant attacks the merits of his convictions, raises time credit claims, and complains about the conditions of confinement. Regarding the time credit claim, there is no response from prison officials.
Applicant has alleged facts that, if true, might entitle him to relief. 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 trial court shall make findings of fact and conclusions of law as to whether TDCJ is properly crediting Applicant's sentences with the time Applicant has spent incarcerated. The trial court may make any other findings and conclusions that it deems appropriate.
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.