## 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 NOS. WR-93,970-01; WR -93,970-02 ; WR-93,970-03 ; & WR-93,970-04

EX P ARTE KEVIN K TARI WEST , Appli cant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. W19-40289-W(A) , W19-40171-W( A), W19-40152- W(A), & W19-42140-W( A) IN THE 363RD DIST RICT COURT F ROM DALLAS COUNTY

Per curiam . O R D E R Applicant pleade d g uilty to fra ud and cre dit/debit car d abuse, and he was place d on defe rre d adjudication community supervision. After Applicant’s probation was revoke d, he was adjudicate d g uilty of these two offe nses and was also convicted of two theft offe nses. He was sentenc ed to three y ear s’ imprisonment for eac h offe nse, to run concur rentl y . Applicant did not appea l his convictions. Applicant filed these applications for wrist of habea s corpus in th e co u n t y o f conviction, and the district clerk f

orwa rded the m 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 post-conviction time cre dit, specific ally from the time his sentenc es wer e imposed on J an. 6, 2020 until his transfe r to Tex as De partment of Criminal2

J ustice’s custody on Sept. 9, 2020. Applicant has alleg ed fac ts that, if true, might en t i t l e h i m to relief

. Acc ording ly , the rec ord should be develope d. The trial court is the appropr iate forum for finding s of fact. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). The trial court shall o rd er the Tex as Depa rtment of Criminal J ustice’s Offic e of the Gene ral Counsel to obtain a response from a person with knowledg e of rele vant fac ts. The response shall state whether Applicant prese nted a claim to the time cre dit resolution sy stem of the Texas Depa rtment of Criminal J ustice (“TD CJ ”) and, if so, the date the claim was prese nted. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f t he trial court elec ts to hold a hear ing, it shall 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 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 administrative reme dies as require d by § 501.0081(b) of the Gover

nment Code. The trial court shall then deter mine whether Applicant is rec eiving the proper cre dit for the time betwe en whe n his sentence s were imposed and whe n he was transfe rre d to TDCJ cust ody

. The trial court may make any other finding s and conclusions that it deems appropr iate in re sponse to Applicant’s c laim. T h e t rial court shall make findings of fac t and conclusions of l aw within ninety day s from 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, propo sed finding s and conclusions, order s, and transcr ipts from3

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: June 8, 2022 Do not publish