NOS. WR-91,953-01 AND WR-91,953-02

EX P ARTE CHRISTI AN LEE DUNN, Applicant ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. W-26798-B-1 AND W- 26810-B-1 IN THE 181 DISTRICT COURT ST F ROM RAN DALL COUNTY

Per curiam . O R D E R Applicant pleade d guilty to one charg e of injury to an elder ly person and one charg e of cre dit

or debit car d abuse and was sentenc ed to four year s’ imprisonment in eac h case , to run concur rently

. He did not appeal his convictions. Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district cler k forwa rded them to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. In these applic at i o n s , Applicant allege s that he shoul d have discharg ed these sentenc es on August 5, 2020, while he was out on parole

. Applicant was appar ently arr ested for new charg es on an unspec ified date , and he alleg es t hat t he parole hol d or pre-re vocation warra nt in these cases is preve nting him from makingbond in the new c ase. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Morrissey v. Brewer , 408 U.S. 47 1 , 4 8 5 , 92 S. Ct. 2593, 2602, 33 L

. Ed. 2d 484 (1972). In these circ umstances, additional2

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 is the appropriate forum for finding s of fac t. The trial court shall order the Texas Depa rtment o f C riminal J ustice’s Offic e of the Gene ral Counsel to obtain an aff idavit from the person or depar

tment with knowledg e o f the rele vant fac ts addre ssing the issues raised in these applications. That aff

idavit shall state whether a parole revoc ation war rant was issued for Applicant, and if so, when that war

rant wa s issued and whe ther he is in custody pursuant to that w arr ant. The aff idavit shall also state whether Applicant has been advised of his rights in the revoc ation proce ss, whether he has reque sted or waived a preliminary hearing or a final revoc ation hearing, whether he has been g iven a preliminary hearing or a final revoc ation hearing and if not, the rea sons he has not been g iven a hearing. I f App l i ca n t’s parole has been revoke d, the aff idavit shall state whether Applicant was serving a sentenc e for, or has been previously convicted of, an offe nse described by § 508.149(a) of the Texas Gover nment Code when his parole was revoke d. I f not, the aff idavit shall state the following : (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 muc h time Applicant s pent on parole 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, and (5) whe ther Applica

nt rec eived c redit while re lease d on parole

. The trial court may also order depositions, interrog atories or a hearing. I f the trial court elec ts to hold a hearing, it shall deter mine wh et h er 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 . Tex. Code Crim. P roc. a rt. 26.04.3

The trial court shall make finding s of fac t reg arding whether Applicant is being held pursuant to a p ar o l e revoc ation war rant, and if so, whether he was g iven a timely preliminary hearing or a parole revoc ation hearing. I f Applicant’s parole has been revoke d, the trial court shall make finding s of fac t and conclusions of law as to whether Applicant rec eived cre dit for the time he spent on parole befor e revoc ation. The trial court shall make finding s of fac t as to whether Applicant has discharg ed his sentenc es in these case s. The trial court shall also make any other finding s of fac t and conclusions of law that it deems re l evant and appropriate to the dispositi on of Applicant’s claims for habea s corpus r elief. These applications will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be r esolved within 90 day s of t his order

. A s upplemental transcript containingall aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, alongwith the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwa rded to this Court within 120 day s of the date of this order

. Any extensions of time must be reque sted by

the trial cour

t and shall be obtaine d from this Court.

Filed: Nove mber 18, 2020 Do not publish