## 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-31,922-35 & 31,922-36

EX P ARTE JAMES G UZ MAN, Applicant

ON AP P LICATIONS F OR WRITS OF HABEAS CORP US CAUSE NOS. 849859-K & 849860-L IN THE 182ND DISTRICT COURT F ROM HARRIS COUNTY

Per curiam . O R D E R Applicant w as convicted of assault on a public servant a nd possession with intent to deliver

or manufacture a c ontrolled substance. He was sentenced to twenty y ears’ im p r i s o n m ent on the assault conviction and twenty
- f i v e y ears’ imprisonment on the possession conviction. The F ourteenth Court of Appeals dismissed Applicant’s direct appeals for want of jurisdiction in 2001 and then issued its mandate for the assault conviction in 2005. Guzman v . State , Nos. 14-01-00224- CR & 14-01- 0 0 2 2 6

- C R ( T e x . A p p . — H o u s t o n [ 14 t h ] , Mar. 15, 2001) ( not desig nated for publication); Guzman v. State , No. 14-01-00778-CR (Tex

. A pp.—Houston [ 14 t h ] , Mar. 3, 2005) (not desig nated for publication). Applicant filed t h e s e ap p l i cations for writs of h abeas corpus in the county of conviction, and the district c lerk forwarded th e m t o this Court. See T E X . C O D E C R I M . P R O C . art.2

11.07. Applicant contends, among other thing s, that the Tex as Department o f Criminal J ustice (“TDCJ ”) h as erroneously calculated his max imum disch a r ge d ate as March 14, 2031. Applicant has alleg ed facts that, if true, mig ht e ntitle him to relief. Ex parte Canada , 754 S.W .2d 660 (Tex

. Crim. App. 1988). According ly , the record should b e developed. The trial court is the appropriate forum f o r 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 c ourt shall order the TDCJ ’s Office o f the General Counsel to obtain a response f r om a person with know l e d ge o f relevant facts. That response shall state and ex plain Applican t ’ s m ax imum d ischarg e date. I n developing the record, the trial court may use any means set out in A rticle 1 1.07, § 3(d). I f the trial court elect s t o h o l d a h earing , it shall determine whether A pplicant is indig ent. I f Applicant is indig ent and w ants to be represented by counsel, the trial c ourt shall a ppoint counsel to represent him at the hearing

. See T E X . C O D E C R I M . P R O C . a rt. 26.04. I f counsel is a

ppointed or retained, the trial court shall immediately

notify this Court of counsel’s name. The trial court shall make finding s of fact and conclusions of law as to whether, before filing t his a pplication, Applicant properly ex hausted h is administrative remedies as require d b y § 501.0081(b) o f the Government Code. The trial c ourt may make a ny other finding s and c onclusions that it deems appropriate in response to Applicant’s claim. The trial court shall make finding s o f fact and conclusions of law within n inety day s from the date of this order. The d istrict clerk shall then immediately forward to this Court the trial court’s finding s and conclusions and the record developed o n remand, including , among other thing s, affidavits, motions, objections, proposed finding s a nd conclusions, orders, and transcrip t s from hearing s and depositions. See T E X . R. A P P . P. 73.4(b)(4). Any ex tensions of time must be requested3

by the trial court and obtained from this Court.

F iled: December 8, 2021 Do not publish