McCarroll, Kevin Lee

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-43,489-15
EX PARTE KEVIN LEE MCCARROLL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 4288-H IN THE 50TH DISTRICT COURT
FROM BAYLOR COUNTY
Per curiam.
ORDER
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 this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and
sentenced to thirty years’ imprisonment.
Applicant contends that he is being denied release to mandatory supervision. Applicant has
alleged facts that, if true, might entitle him to relief. In these circumstances, additional facts are
needed. 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 findings of fact.
The trial court shall order the Texas Department of Criminal Justice’s Office of the General
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Counsel to file an affidavit stating whether or not Applicant is eligible for mandatory supervision
release and if not, why not. If Applicant is eligible for mandatory supervision release, the affidavit
shall also detail Applicant’s time credits and state why he has not yet been released to mandatory
supervision.
The trial court may also order depositions, interrogatories or a hearing. 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 . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether Applicant
is eligible for mandatory supervision release and if so, why he has not yet been released. The trial
court shall also make findings and conclusions as to whether Applicant is receiving the proper
amount of time credit. 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.
This application 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. 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 forwarded to this Court within 120 days of the date of this order. Any extensions of time must
be requested by the trial court and shall be obtained from this Court.
Filed: December 11, 2019
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