Horton, Lloyd D. ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-60,666-02

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EX PARTE LLOYD D. HORTON, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 87-0013

IN THE 71^ST JUDICIAL DISTRICT COURT

FROM HARRISON COUNTY

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Per curiam.

O R D E R  

This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offense of burglary of a habitation, and punishment was assessed at confinement for twenty years. No direct appeal was taken.

Applicant contends that he has not received credit for time he was confined in Oklahoma from October 11, 1996, to May 28, 1997, pursuant to a parole violator warrant in this cause.

The trial court has not entered findings of fact or conclusions of law. We believe that Applicant has alleged facts that, if true, might entitle him to relief. Therefore, it is this Court's opinion that additional facts need to be developed. Because this Court cannot hear evidence, the trial court is the appropriate forum. The trial court may resolve those issues as set out in Tex. Code Crim. Proc. art. 11.07, § 3 (d), in that it may order affidavits, depositions, or interrogatories from both the criminal institutions and the parole divisions of the Texas Department of Criminal Justice, or it may order a hearing.

If the trial court elects to hold a hearing, the court should first decide whether Applicant is indigent. If the trial court finds that Applicant is indigent and Applicant desires to be represented by counsel, the trial court will then, pursuant to the provisions of Tex. Code Crim. Proc. art. 26.04, appoint an attorney to represent him at the hearing.

Following receipt of additional information, the trial court should make findings of fact as to what credit Applicant has been given for time he was confined on parole violator warrants from 1996 to 1997, and what dates, if any, Applicant was confined in Oklahoma in 1996 and 1997 pursuant to a parole violator warrant in this cause. The trial court should also determine if the parole violator warrant was later withdrawn, and if so, the date on which it was withdrawn. The trial court should also make any further findings of fact and conclusions of law it deems relevant and appropriate to the disposition of the application for writ of habeas corpus.

Because this Court does not hear evidence, Ex Parte Rodriquez, 334 S.W.2d 294 (Tex. Crim. App. 1960), this application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. Resolution of the issues shall be accomplished by the trial court within 90 days of the date of this order. ⁽¹⁾ 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 returned to this Court within 120 days of the date of this order. ⁽²⁾

IT IS SO ORDERED THIS THE 14 DAY OF December, 2005.

DO NOT PUBLISH   

1.

In the event any continuances are granted, copies of the order granting the continuance should be provided to this Court.

2.

Any extensions of this time period should be obtained from this Court.