From Casetext: Smarter Legal Research

Ex parte Wiggins

Court of Criminal Appeals of Texas
Feb 22, 2023
WR-94,495-01 (Tex. Crim. App. Feb. 22, 2023)

Opinion

WR-94,495-01

02-22-2023

EX PARTE MARK DEAN WIGGINS JR., Applicant


Do not publish

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D120162AR IN THE 260TH DISTRICT COURT FROM ORANGE COUNTY

ORDER

PER CURIAM

Applicant was convicted of robbery 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 being denied credit for time spent in custody under parole revocation (blue) warrants. Applicant also contends that he is being denied due process in the parole revocation process because he was not afforded a preliminary or final revocation hearing. Applicant argues that as a result of these denials, he is being illegally held past his discharge date. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Canada, 754 S.W.2d 660 (Tex. Crim. App. 1988); Morrissey v. Brewer, 408 U.S. 471, 488 (1972). 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). 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 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 when Applicant was released to parole; whether and when any parole revocation warrants were issued and executed in this case; and whether Applicant is receiving credit for any of the time spent on parole. The response shall also state whether Applicant presented his claim to the time credit resolution system of the Texas Department of Criminal Justice and, if so, the date the claim was presented. Finally, the response shall state whether Applicant has been provided with notice of his rights in the revocation process; whether he requested or waived a preliminary hearing or a final revocation hearing; whether he was charged with a new offense; and whether he has been afforded a preliminary hearing or a final revocation hearing.

The trial court shall then make findings of fact and conclusions of law as to whether Applicant has properly exhausted his administrative remedies as required by Tex. Gov't Code § 501.0081(b)-(c), and if so, whether Applicant is receiving the proper amount of time credit for time spent under the authority of a parole revocation warrant. The trial court shall also make findings of fact and conclusions of law as to whether Applicant received preliminary and final hearings within a reasonable time, and whether he is being afforded due process in the parole revocation process. 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.


Summaries of

Ex parte Wiggins

Court of Criminal Appeals of Texas
Feb 22, 2023
WR-94,495-01 (Tex. Crim. App. Feb. 22, 2023)
Case details for

Ex parte Wiggins

Case Details

Full title:EX PARTE MARK DEAN WIGGINS JR., Applicant

Court:Court of Criminal Appeals of Texas

Date published: Feb 22, 2023

Citations

WR-94,495-01 (Tex. Crim. App. Feb. 22, 2023)