Powers, Mansome ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-41,991-02
EX PARTE MANSOME POWERS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CCC-18-15235A IN THE 52ND DISTRICT COURT
FROM CORYELL 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 was convicted of assault on a
correctional officer and sentenced to four years’ imprisonment.
Applicant contends his sentence should have discharged on December 1, 2018. The trial
court made findings of fact and conclusions of law and determined that Applicant’s sentence
discharges on February 19, 2019, and that he is not being unlawfully held. This discharge date is not
consistent, however, with the pre-sentence credit in the judgment.
Applicant has alleged facts that, if true, might entitle to relief. In these circumstances,
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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 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 a second affidavit stating whether Applicant’s February 19, 2019 discharge date is
correct given the pre-sentence credit in the judgment. 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 . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether Applicant’s
discharge date is correct based on the pre-sentence credit in the judgment. 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 15 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 30 days of the date of this order. Any extensions of time must be
requested by the trial court and shall be obtained from this Court.
Filed: January 30, 2019
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