Opinion
NO. WR-42,338-04
05-17-2017
EX PARTE DEMOND LAMONT WILSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. WRIT008761 IN THE 354 DISTRICT COURT FROM HUNT COUNTY Per curiam. 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated robbery and sentenced to twenty years' imprisonment.
Applicant contends that he is being denied credit for time spent on parole prior to revocation during which he was restrained by a pre-revocation warrant (blue warrant). Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Canada, 754 S.W.2d 660, 668 (Tex. Crim. App. 1988); Ex parte White, 400 S.W.3d 92. 94 (Tex. Crim. App. 2013). The habeas court has made findings and recommended granting relief, but in these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact.
The trial court shall order the Dallas County Sheriff's Office to file an affidavit stating whether applicant was eligible for bond in Cause Number F-1541481-W from August 11, 2015 through sentencing in the 363 District Court of Dallas County on October 30, 2015.
The trial court may also order depositions, interrogatories or a hearing. In the appropriate case, the trial court may rely on its personal recollection. Id. If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing. TEX. CODE CRIM. PROC. art. 26.04.
The trial court shall make specific supplemental findings addressing Applicant's claim that he was ineligible to be released on bail for the Dallas County Cause Number F-1541481-W due to the pre-revocation warrant issued in this case on August 11, 2015. 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. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court. Filed: May 17, 2017
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