Opinion
WR-95,178-01
11-15-2023
EX PARTE GRAYLON YOUNG, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W-0053945-A IN THE CRIMINAL DISTRICT COURT NO. 4 FROM DALLAS COUNTY
ORDER
Per curiam.
Applicant was convicted of delivery of a controlled substance and sentenced to 25 years' imprisonment. 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 the Texas Department of Criminal Justice has miscalculated his time credit, such that the term of his confinement exceeds his 25-year sentence. Applicant has alleged facts that, if true, might entitle him to relief. Tex. Gov't Code § 508.283(b) and (c); Ex parte Hernandez, 275 S.W.3d 895, 897-98 (Tex. Crim. App. 2009); Ex parte Spann, 132 S.W.3d 390 (Tex. Crim. App. 2004). 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 then address whether the Texas Department of Criminal Justice has properly calculated Applicant's time credit. The response shall state whether Applicant is serving a sentence for, or has been previously convicted of, an offense described by § 508.149(a) of the Texas Government Code. If not, the response shall address whether Applicant received any street time credit to which he was entitled. The response shall state the following:
(1) Applicant's sentence-begin date,
(2) how much time was remaining on Applicant's sentence when he was released,
(3) how much time Applicant spent on supervised release before any revocation warrants were issued,
(4) the dates any revocation warrants were issued and executed, and
(5) whether Applicant received time credit while released on this offense.
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 Section 501.0081(b) of the Government Code. The trial court shall then determine whether Applicant's time credit, including any street time credit to which he was entitled, has been calculated correctly. 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.