Riddick, Derwin Alphonso ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,902-03
EX PARTE DERWIN ALPHONSO RIDDICK, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 067663-A IN THE 397TH DISTRICT COURT
FROM GRAYSON COUNTY
Per curiam.
ORDER
Applicant was convicted of evading arrest and drug delivery and sentenced to imprisonment.
Applicant filed this application for a writ of habeas corpus in the county of conviction, and the
district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends that he is being denied pre-sentence time credit awarded on the judgment.
The trial court finds that it has already awarded the time credit in question. Nonetheless, Applicant
asserts he is not receiving the time credit from prison officials. The habeas record contains two
judgments listing different periods of pre-sentence confinement. It is not clear whether prison
officials received the judgment to which the trial court refers in its findings and whether prison
officials are properly applying the pre-sentence confinement credits listed there.
2
Applicant has alleged facts that, if true, might entitle him to relief. Accordingly, the record
should be developed. The trial court is the appropriate forum for findings of fact. TEX . CODE CRIM .
PROC. art. 11.07, § 3(d).
The trial court shall order the Texas Department of Criminal Justice’s Office of the General
Counsel to obtain a response from a person with knowledge of relevant facts. In developing the
record, the trial court may use any means set out in Article 11.07, § 3(d).
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: March 31, 2021
Do not publish