## 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-40,677-02

EX P ARTE ST EPHEN WAR REN WILLIAMS, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 94-68074-B IN THE 252ND DISTRICT COURT

F ROM JEF F ERSON COUNTY

Per curiam . O R D E R Applicant wa s convicted of ag g rava ted robbe ry

with a deadly wea

pon and sente nced to 25 y ear s’ imprisonment. The Ninth Court of Appea ls a ffirme d his c onviction. W illiams v. State, No. 09-95-397- CR (Tex. App. –Be aumont, Nov. 5, 1997, pet. ref ’d). He was rele ased to parole and that parole was later revoke d. Applicant filed this application for a writ of habea s corpus in the county of con v i ction, 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 cre dit for periods when he was rele ased on parole

as well as time cre dit for periods of time that he was held pursuant to pre- revoc ation (blue) war rants. Applicant is not entitled to street time cre dit

. T E X . G O V ’ T C O D E § 508.283(b) and (c) ; Ex parte2

Spann, 132 S.W .3d 390 (Tex. Crim. App. 2004). Howeve r, his claim conce rning time cre dit for prerevoc ation confine ment may alleg e fa cts which if true entitle him to relief. Ex parte Canada, 754 S.W .2d 660, 668 (Tex. Crim. App. 1988). Acc ording ly , the rec ord should be develope d. The trial court is the appr opriate f

orum for f

indings of f

act. 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 of the Gene ral Couns el t o obtain a response from a person with knowledg e of rele vant facts. The response shall addre ss the merits of the time cre dit claim. T h e response shall also state whether Applicant prese nted a claim to the time cre dit resolution sy stem of the Texas Depa rtment of Criminal J ustice and, if so, the da te the cla im 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 the trial court elec ts to hold a hear ing, it shal l d et er m ine whether Applicant is indige nt. I f Applicant is indige nt and wants to be represe nted b y counsel, the t rial court shall appoint counsel to r epre sent him a t 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 a ppointed or reta ined, the trial c ourt 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 prop er l y exhausted his administrative reme dies as require d by § 501.0081(b) of the Government Code. The court shall determine w hether Applicant is entitled to and rec eiving cre dit for time spent in confine ment under pre- revoc ation (“blue ”) war rants. The trial

co u rt m ay m ak e any other finding s and conclusions that it deems appropr iate in response to Applicant’s c laims. The trial court shall m ak e finding s of fact and conclusions of law withi n ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s3

finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, o bjections, 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: June 30, 2021 Do not publish