Stratton, Delbert Francis Jr. ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-64,676-01

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EX PARTE DELBERT F. STRATTON, JR., Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1981-445-C IN THE 54TH DISTRICT COURT FROM McLENNAN COUNTY

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   Per curiam.



O R D E R  

This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3. Applicant was convicted of murder and punishment was assessed at confinement for thirty years. There was no appeal from this conviction.  

Applicant contends, inter alia, that his parole was revoked for violating an invalid condition of parole and that he has not received credit for time he was confined pursuant to parole violator warrants in this cause. The trial court has entered findings of fact addressing Applicant's other grounds, but has not addressed the facts Applicant alleges in support of these grounds.

It is this Court's opinion that additional facts need to be developed, and since this Court cannot hear evidence, Ex Parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum. The trial court may resolve those issues as set out in Article 11.07, § 3(d), TEX.CODE CRIM.PROC., in that it may order affidavits, depositions, or interrogatories from both the Criminal Institutions and 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 shall first decide whether Applicant is indigent. If the trial court finds that Applicant is indigent, and Applicant desires representation by counsel, the trial court shall then appoint an attorney to represent him at the hearing pursuant to the provisions of Article 26.04, TEX.CODE CRIM.PROC.

Following the receipt of additional information the trial court shall make additional findings of fact as to: what conditions Applicant was found to have violated to support the revocation of his parole; what criminal history supported imposition of those conditions; whether any hearings were conducted before those conditions were imposed; what credit Applicant has been given for time he was confined on parole violator warrants; what dates, if any, that Applicant was confined pursuant to parole violator warrants in this cause; and whether Applicant has presented this claim to the Texas Department of Criminal Justice office of time credit resolution. The trial court shall also make any further findings of fact and conclusions of law which it deems relevant and appropriate to the disposition of Applicant's claim for habeas corpus relief.

This application for 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 60 days of the date of this order. ⁽¹⁾ A supplemental transcript containing any affidavits, exhibits, or transcription of the court reporter's notes from any evidentiary hearing, along with the trial court's supplemental findings of fact and conclusions of law, shall be returned to this Court within 90 days of the date of this order. ⁽²⁾

DELIVERED: September 13, 2006

DO NOT PUBLISH

1. ¹ In the event any continuances are granted, copies of the order granting the continuance shall be provided to this Court.

2.

² Any extensions of this time period shall be obtained from this Court.