Diaz, Luis Antonio ( 2009 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-70,247-01

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EX PARTE LUIS ANTONIO DIAZ, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-3-008493-0437249-A IN THE CRIMINAL DISTRICT COURT NO. 3 FROM TARRANT COUNTY

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   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 indecency with a child and sentenced to twenty years' imprisonment.

Applicant contends that he is being denied credit for time confined in federal immigration custody while a parole violator warrant was lodged as a detainer. On a previous remand the trial court obtained affidavits from the Texas Department of Criminal Justice, Correctional Institutions and Parole Divisions and entered findings of fact based on those affidavits. However, the copy of the affidavit from the Correctional Institutions Division included in this record fails to set out the amount of credit Applicant received for each of the periods he was confined pursuant to a parole violator warrant. Also, there is no documentation from any of the institutions in which Applicant was confined as to when any of those warrants was lodged as a hold or detainer showing the dates those warrants were lodged and released.

The trial court may use any means set out in Tex. Code Crim. Proc. Art. 11.07, § 3(d), including ordering the office of General Counsel of the Texas Department of Criminal Justice to obtain and submit documentation from the holding jurisdictions listing the dates those warrants were lodged and then withdrawn as detainers.

The trial court shall make supplemental findings of fact as to what dates Applicant was confined pursuant to a parole violator warrant, and amount of credit for that time Applicant has received. 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: March 25, 2009

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