## 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-81,933-01

EX P ARTE BEL VIN NORVELL, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. D-1-D C-11-300742 IN THE 299T H DISTRICT COURT

F ROM TRAVIS 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. 1967). Applicant pleade d g uilty to theft and was sentenc ed to two y ear s’ imprisonment. Applicant contends that he is being improperly held pursuant to a parole revoc ation war rant, when he should have discharg ed his sentenc e in this case . Applicant was appar ently arr ested for new charg es and posted bond for those char g es. Howeve r, beca use of the parole revoc ation wa rr an t , Applicant is not being rele ased on bond. I n these circ umstances, additional fac ts are neede d. As we held in Ex parte Rodriguez, 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court i s the2

appropr iate for

um for finding s of fa ct. 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 listing Applicant’s sentenc e beg in date, the date upon which Applicant

was rele ased to parole or mandatory supervision, and the dates of issuance and execution of any parole -re vocation war

rants. I f Ap p l i ca n t is being held pursuant to a pre- revoc ation war rant, the aff idavit should state whether Applicant h a s b e e n aff orded a preliminary hear ing or a final revoc ation hear ing, or whether he has waived the rig ht to either or b oth hear ings. The aff idavit should state whether or not Applicant’s parole or mandatory supervision has been revoke d. I f Applicant’s parole or manda tory

supervision has bee n revoke d, the affidavit should state whether Applicant re ceive d

cre dit for time spent on parole or manda tory supervision, and if not, why not. The trial court may also order depositions, interrog atories o r a hear ing. I n the appropriate

case , the trial court may rely on its persona l rec ollection. T E X . C O D E C R I M . P R O C . Art. 11.07 §3(d). I f the trial court elec ts to hold a h ea ri n g , it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt an d wi s h es to be repr esente d by counsel, the trial court shall appoint an attorney to repre sent Applicant a t the hear ing. 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 is curr ently confine d, and if so, when he was arr ested and whether he is confine d pursuant to a parole

revoc ation war

rant or on new charg es. I f Appli cant is being held on a pa role re vocation warra

nt, the trial court shall make finding s of fac t as to when the war rant was issued and executed, and as to how long Applicant has been held pursuant to t h e re v o ca t ion war rant. The trial court shall make finding s as to whether Applica n t h as b ee n aff orded a preliminary hear ing or a final revoc ation hear ing, and if not, as to whether Applicant waived h i s ri gh t to either or both hear ings. I f3

Applicant’s pa

role or ma

ndatory supervision has been revoke d, the t rial cour t shall make finding s

as to whether Applicant has rec eived all the cre dit to which he is entitled on this sentenc e, and as to what the maxi mum discharg e date is for this sentenc e. The trial co u rt s hall also make any other finding s of fa ct and c onclusions of law that it dee ms releva nt and appr opriate to the dispositi on of Applicant’s c laim for habe as cor pus relief

. This application will be held in abey ance until the trial court has resolved the fac t issues. The issues shall be resolved within 30 day s of this o rd er . A s u p plemental transcr ipt 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 forwa rded to this Court within 60 day s of the date of this order

. Any extensions of time shall be obtained fr om this C ourt.

Filed: September

17, 2014 Do not publish