## 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-66,228-03

EX P ARTE ZEF ERINO CRUZ , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 32,860-B IN THE 66T H DISTRICT COURT

F ROM HILL COUNTY

Per curiam . O R D E R Applicant pleade d g uilty to possession of a prohibited wea pon and wasvsente nced to fiftee n y ear s’ imprisonment. The Tenth Court of Appea ls dismiss ed his appea l at Applicant’s reque st. Cruz

v. State , No. 10-04-00060- CR (Tex. App. — Waco J une 9, 2004) (not desig nated for publication). Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district clerk f

orwa 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 is being improperly denied time c redit while rele ased on parole

or mandatory supervision, and also for time when he was held pursuant to pre- revoc ation or “blue”

war rants. Applicant alleg es that he is being unlawfully confine d past his discharg e date, and that he is unable t o m ak e b o nd or retain an attorney for other pending char g es because of a parole hol d.2

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

. T E X . G O V ’ T C O D E § 508.283(b) and (c) ; Ex parte Spann, 132 S.W .3d 390 (Tex. Crim. App. 2004); Ex parte Price , 922 S.W .2d 957 (Tex. Crim. App. 1996); Ex parte Canada , 754 S.W .2d 660 (Tex. Crim. App. 1998). Acc ording ly , the rec ord should be develope d. The trial court i s t he 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 order 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 facts. I n developing the record, the trial court may use an y m eans set out i n Ar t icle 11.07, § 3(d). I f the 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 response shall 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 or manda tory

supervision was r evoked. 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 w

hen he w as re lease d, (3) how much time Applicant spe nt on parole or mandatory supervision 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, (5) whether Applicant rec eived cre dit while subject to pre- revoc ation war rants, and (6) whether Applicant rec eived cre dit while rele ased on p arole or mandatory supervision.

I f Applica

nt is being he ld on a pre -re vocation wa rra nt or parole hold and his parole

or mandatory supervision has not y et been revoke d y et, the response shall state how long Applicant3

has been held, whether he is fac ing new char g es, whether h e h as been advised of his rig hts in the

revoc ation proce ss, and whether he has reque sted or waived a preliminary revoc ation hear ing and/or a fina l revoc ation hear ing. The trial cour t s h all make findings of fac t and conclusions of l aw as to whether Applicant is elig ible to ear

n street time cre dit and, if so, whether he is rec eiving the proper cre dit for that time. T he trial court shall make finding s of fac t and conclusions of law as to whether Applicant i s

rec eiving cre dit for any and all time when he was subject to pre- revoc ation war rants. The trial court shall also make findings of fac t and conclusions of l aw a s to whether Applicant i s being provided with due proce ss in any pending rev o ca tion proce eding s. The trial court may make any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. The t ri al 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, proposed finding s and conclusions, o rders, 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: Oc tober 28, 2020 Do not publish