## 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-20,897-07

EX P ARTE JOSE P H EARL JINGLES, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 5544 IN THE 506 DISTRICT COURT T H F ROM WALLER COUNTY

Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1 9 6 7 ). Ap p l icant was convicted of burg lary of a building and se ntence d to thirty y ear s’ imprisonment. Applicant conte nds that he is being denied c redit for time spent relea sed on par ole prior to

revoc ation. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Ex parte Spann, 132 S.W .3d 390 (Tex. Crim. Ap p . 2 0 0 4 ). I n these circumstance s, additional fac ts are neede d. As we held in Ex parte Rodriguez, 334 S.W .2d 29 4, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate for

um for finding s of fa ct.2

The trial court shall order the Texas Depa rtment of Criminal J ustice’s Offic e of the Gene ral Counsel to file an aff

idavit listi ng Applicant’s sentenc e beg in date and the dates of issuance of any parole -re vocation war

rants leading to the revoc ation of such parole or mandatory supervision. The aff idavit should state whether Applicant is serving a sentenc e for, or has previously been convicted of, an offe nse which was listed in T E X . G O V ’ T C O D E § 508.149(a) at the time of Applicant’s

revoc ation. The aff

idavit should also addre ss how much time was rema ining on this sentenc e on the date that Applicant was rele ased on parole or mandatory supervision, and how much time Applicant spent on rele ase befor e the i s s u an ce o f t he parole -re vocation war rant. The aff

idavit should state whether or not Applicant is rec eiving cre dit for any of the time spent on parole

. Finally , the aff idavit should indicate whether or not Applicant has submitt ed his claim to the time cre dit resolution sy stem of TDCJ, and if so, the date whe n the claim wa s submitt ed. The trial court may also order depositions, interrog atories or a hear ing. I f the trial court elec ts to hold a hear ing, it shall determ i n e whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall appoint an attorney to repr esent Applicant at the hea ring . T E X . C O D E C R I M . P R O C . art. 26.04. The trial cour t s h all make findings of fac t and conclusions of l aw as to whether Applicant has proper ly exhausted his administrative reme dies as require d by T E X . G O V ’ T C O D E § 501.0081(b)- (c)

. The trial court shall then make finding s and conclusions as to w hether Applicant is e ligible to

ear n street time cr edit, and if so, whe ther he is entitled to credit for his time spent on re lease . The trial court shall also make finding s and conclusions as to whether Applicant is rec eiving the proper amount of t ime cre dit for that ti m e. T h e t ri al court shall also make any other findings of fac t and conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s claim for3

habea s corpus re lief. This application will be held in abey ance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of this order

. A supplem en t al t ra n s cript containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to this Court withi n 120 day s of the date of this order. Any extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: September

12, 2018 Do not publish