Linville, William Alden ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-27,763-02 AND WR-27,763-03

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EX PARTE WILLIAM ALDEN LINVILLE, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 12076 HC-2 AND 12010 HC-A IN THE 6TH DISTRICT COURT FROM LAMAR COUNTY

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   Per curiam.

O R D E R  

   Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of burglary of habitation and sentenced to nineteen (19) years' and six (6) months' imprisonment on each count. No direct appeal was taken.

Applicant contends that he is being denied credit for time he was confined on a pre-revocation warrant. Specifically, he contends that he is entitled to approximately eight (8) years, eleven (11) months, and twenty-two (22) days credit for time he was incarcerated in an Oklahoma prison facility because the TDCJ had lodged a detainer against him. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Price, 922 S.W.2d 957 (Tex. Crim. App. 1996). In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1997), the trial court is the appropriate forum for findings of fact.

The trial court may use any means set out in Tex. Code Crim. Proc. Art. 11.07, § 3(d), in that it shall order the Texas Department of Criminal Justice's Correctional Institutions Division and Parole Division, to file affidavits listing Applicant's sentence begin date, and, the dates of issuance of any parole-revocation warrants leading to the revocation of Applicant's parole. The affidavit should also address how much time was remaining on this sentence on the date that Applicant was released on parole, and how much time Applicant spent on release before the issuance of the parole-revocation warrant. The affidavit should state whether or not Applicant is receiving credit for any of the time spent on parole. The affidavit shall also state whether the TDCJ lodged any detainers against Applicant while he was confined in an Oklahoma prison facility. Finally, the affidavit should indicate whether or not Applicant has submitted his claim to the time credit resolution system of TDCJ, and if so, the date when the claim was submitted.

The trial court may also order depositions, interrogatories or a hearing. In the appropriate case, the trial court may rely on its personal recollection. Id. If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing. Tex. C ode Crim. Proc. Art. 26.04.

The trial court shall make findings of fact first as to whether Applicant has properly exhausted his administrative remedies as required by Tex. Gov't. Code § 501.0081(b)-(c). The trial court shall then make findings of fact as to whether Applicant is receiving credit for time spent confined on a pre-revocation warrant. The trial court shall then make findings of fact as to whether the TDCJ lodged any detainers against Applicant while he was confined in an Oklahoma prison facility. The trial court shall also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claim for habeas corpus relief.

These applications will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: November 7, 2007

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