## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-71,650-03

EX P ARTE CONLEY WILL IAMS, Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 0644790-B IN THE 209T H DISTRICT COURT

F ROM HARRIS COUNTY

Per curiam . O R D E R Applicant was convicted of delivery of a controlled substance, coca ine, weig hing less than 28 g rams and sentenc ed to 2 5 y ear s’ imprisonment. Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends that he was denied time c redit while rele ased on parole

. Applicant has alleg ed fa ct s t h at , i f t rue, might entitle him to relief

. T E X . G O V ’ T C O D E § 508.283(b) and (c) ; Ex p a r t e S p a nn, 132 S.W .3d 390 (Tex. Crim. App. 2004). Acc ording ly , the rec ord should b e develope d. The trial court is the appropriate forum for findings of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). The trial court shall order the Texas Depa rtment of Criminal J ustice’s Offic e of2

the Gene ral Counsel to obtain a response fr o m a person with knowledg e of rele vant fac ts. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court elec ts to hold a hea ri n g, i t s h all deter mine whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint counsel to repr esent him at the hear ing. See T E X . C O D E C R I M . P R O C . art. 26.04. I f counsel is appointed or reta ined, the trial court shall immediately

notify this Court of counsel’s name

. The response shall state whether Applicant prese n t ed a claim to the time cre dit resolution sy stem of the Texas Depa

rtment of Criminal J ustice and, if so, the date the claim was prese nted. The response shall th en state whether Applicant was serving a sentenc e for, or has been previously convicted of, an offe nse descr ibed by § 508.149(a) of the Texas Gover nment Code when his parole

was re voked. I f not, the re sponse shall state the f ollowing: (1) Applica

nt’s sentenc e-be g in date, (2) how muc h time was re maining on A pplicant’s sente nce when he w as re lease d, (3) how much t ime Applicant spent on parole befor e any revoc ation war

rants we re issued, (4) the da tes any revoc ation war

rants we re issued a

nd executed, and (5) whe ther Applica

nt rec eived c redit while re lease d on parole

. The trial court shall make finding s of fac t and conclusions of law as to whether , befor e filing this application, Applicant proper ly exhausted his admi n i s t rative reme dies as require d by § 501.0081(b) of the Gover nment Code. The trial court shall then deter mine whether Applicant is elig ible to e arn street time c redit and, if so, whether he is r ece iving the proper cre dit f or that time. The trial court may make any other finding s and conclusions that it deems appropr iate in r esponse to Applicant’s cla ims. The trial court shall make findings of fac t and con cl u s ions of l aw within ninety day s from3

the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, objections, proposed finding s and conclusions , order s, and transcr ipts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court.

Filed: May

5, 2021 Do not publish