Brown, Arthur Glen ( 2010 )


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  •   IN THE COURT OF CRIMINAL APPEALS

    OF TEXAS




      NO. 25,567-02





    EX PARTE ARTHUR GLEN BROWN, Applicant





    ON APPLICATION FOR A WRIT OF HABEAS CORPUS

    CAUSE NO. 14,996-CR IN THE 349TH DISTRICT COURT

    FROM HOUSTON COUNTY





               Per curiam.


    O R D E R



                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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault and sentenced to twenty-five years’ imprisonment. The Twelfth Court of Appeals affirmed his conviction. Brown v. State, No. 12-97-00081-CR (Tex. App.–Tyler, delivered October 30, 1998).

                Applicant contends that he is being denied credit for pre-sentence jail time that was ordered on the face of his judgment. Applicant has alleged facts that, if true, might entitle him to relief. In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1997), the trial court is the 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 listing any jail time credit, including any pre-sentence credit, he is receiving on this sentence. The affidavit should also 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. 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. C ode Crim. Proc. art. 26.04.

                The trial court shall make findings of fact first as to whether Applicant has properly exhausted his administrative remedies as required by Tex. Gov’t Code § 501.0081(b)-(c). The trial court shall then make findings as to whether Applicant is receiving the proper amount of time credit. 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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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. Any extensions of time shall be obtained from this Court.

    Filed: January 27, 2010

    Do not publish

Document Info

Docket Number: WR-25,567-02

Filed Date: 1/27/2010

Precedential Status: Precedential

Modified Date: 9/16/2015