## 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-20,058-21

EX P ARTE CURTIS RAY G OODIE, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 928493-D IN THE 248 DISTRICT COURT T H F ROM HARRIS COUNTY

Per curiam . O R D E R Applicant was convicted o f agg rava ted sexual assault and sentenc ed to fiftee n y ear s’ imprisonment. Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district cler k forwa 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 held on this sentenc e, which he alleg es should have discharg ed. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. The trial court found that the sentenc e has discharg ed, but those finding s are not curr ently supported by the rec ord. Acc ording ly , the rec ord should be develope d. The trial court is the appropr iate forum for finding s of fac t. 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 Texas Depa rtment of Criminal J ustice’s Offic e of the Gene ral Counsel to obtain a response from a person with2

knowledg e of rele vant fac ts. I n developing the rec ord, the trial court may use any means set out in Article 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 tr i al co urt 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 re tained, the tria l court shall immediately notify this Court of counsel’s name

. The response shall state whether Applicant prese nted a claim to the time cre dit reso l u t ion sy stem of the Texas Depa

rtment of Criminal J ustice and, if so, the date the claim was prese nted. The

re sponse shall also detail how Applicant’s sentenc e in this cause is being calc ulated, includ i n g ref ere nce to his sente nce be g in date, his maxi mum discharg e date , and any applicable time c redits that have been ear

ned or forf

eited. The trial court shall make f indings of fac t a

nd conclusions of law as to whether , befor e filing this application, Applicant proper ly exh au s t ed h i s administrative

reme dies as require d by Section 501.0081(b) of the Gover nment Code. The trial court shall then deter mine whether Applican t h as discharg ed this sentenc e and, if he has not, whether his time is being calc ulated corr ectly

. The trial court may make any other finding s and conclusions that it deems appropr iate in re sponse to Applicant’s c laim. The trial cour t s hall 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, af fidavits, motions, objections, proposed finding s and conclusions, order s, 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.3

Filed: F ebrua

ry 26, 2020 Do not publish