Little, Mickey ( 2014 )


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  •               IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-53,476-04
    EX PARTE MICKEY LITTLE, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 114-81629-97 IN THE 114TH DISTRICT COURT
    FROM SMITH 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 pleaded guilty to burglary of a
    habitation and was sentenced to thirty-five years’ imprisonment.
    Applicant contends that he is being denied credit for time spent released on parole prior to
    revocation. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Spann, 
    132 S.W.3d 390
    (Tex. Crim. App. 2004). 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
    2
    appropriate forum for findings of fact.
    The trial court shall order the Texas Department of Criminal Justice’s Office of the General
    Counsel to file an affidavit listing Applicant’s sentence begin date and the dates of issuance of any
    parole-revocation warrants leading to the revocation of such parole or mandatory supervision. The
    affidavit should state whether Applicant is serving a sentence for, or has previously been convicted
    of, an offense which was listed in Texas Government Code § 508.149(a) at the time of Applicant’s
    revocation. The affidavit should also address how much time was remaining on this sentence on the
    date that Applicant was released on parole, and how much time Applicant spent on release before
    the issuance of the parole-revocation warrant. The affidavit should state whether or not Applicant
    is receiving credit for any of the time spent on parole. Finally, the affidavit should indicate whether
    or not Applicant has submitted his claim to the time credit resolution system of TDCJ, and if so, the
    date when the claim was submitted.
    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 findings of fact and conclusions of law as to whether Applicant
    has properly exhausted his administrative remedies as required by Texas Government Code §
    501.0081(b)-(c). The trial court shall then make findings and conclusions as to whether Applicant
    is eligible to earn street time credit, and if so, whether he is entitled to credit for his time spent on
    release. The trial court shall also make findings and conclusions as to whether Applicant is receiving
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    the proper amount of time credit for that time. 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: September 24, 2014
    Do not publish
    

Document Info

Docket Number: WR-53,476-04

Filed Date: 9/24/2014

Precedential Status: Precedential

Modified Date: 9/16/2015