Goodie, Curtis Ray

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-20,058-21
EX PARTE CURTIS RAY GOODIE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 928493-D IN THE 248TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant was convicted of aggravated sexual assault and sentenced to fifteen years’
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 improperly held on this sentence, which he alleges should
have discharged. Applicant has alleged facts that, if true, might entitle him to relief. The trial court
found that the sentence has discharged, but those findings are not currently supported by the record.
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
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knowledge of relevant facts. In developing the record, the trial court may use any means set out in
Article 11.07, § 3(d). If the trial court elects to hold a hearing, it shall determine whether Applicant
is indigent. If Applicant is indigent and wants to be represented by counsel, the trial court shall
appoint counsel to represent him at the hearing. See TEX . CODE CRIM . PROC. art. 26.04. If counsel
is appointed or retained, the trial court shall immediately notify this Court of counsel’s name.
The response shall state whether Applicant presented a claim to the time credit resolution
system of the Texas Department of Criminal Justice and, if so, the date the claim was presented. The
response shall also detail how Applicant’s sentence in this cause is being calculated, including
reference to his sentence begin date, his maximum discharge date, and any applicable time credits
that have been earned or forfeited. The trial court shall make findings of fact and conclusions of
law as to whether, before filing this application, Applicant properly exhausted his administrative
remedies as required by Section 501.0081(b) of the Government Code. The trial court shall then
determine whether Applicant has discharged this sentence and, if he has not, whether his time is
being calculated correctly. The trial court may make any other findings and conclusions that it deems
appropriate in response to Applicant’s claim.
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.
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Filed: February 26, 2020
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