Blevins, Bryan Thomas

• Court: Court of Criminal Appeals of Texas
• Decided: January 11, 2023
• Docket: WR-72,197-05
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-72,197-05

EX PARTE BRYAN THOMAS BLEVINS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 4301-D IN THE 31ST DISTRICT COURT FROM WHEELER COUNTY

Per curiam.

ORDER

Applicant was convicted of aggravated sexual assault of a child and sentenced to life

imprisonment. The Seventh Court of Appeals affirmed his conviction. Blevins v. State, No. 07-08-

00336-CR (Tex. App.—Amarillo Apr. 29, 2009) (not designated for publication). 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, among other things, that the Texas Department of Criminal Justice has

recently changed his “time sheet” to reflect that he is not eligible for release on parole for the instant

offense until the actual calendar time he has served, without consideration of good conduct time,

equals thirty-five years. Applicant argues that this calculation is incorrect; He is eligible for release 2

on parole after serving thirty calendar years. Applicant has alleged facts that, if true, might entitle

him to relief. TEX . GOV ’T CODE § 508.145 (eff. Sept. 1, 1999). 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). 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 trial court shall make findings of fact and conclusions of law as to Applicant’s parole

eligibility based on the statute in effect on the date of Applicant’s offense. Ex parte Choice, 828

S.W.2d 5 (Tex. Crim. App. 1992). The trial court shall also make specific findings as to whether

the judgment accurately reflects that Applicant’s instant offense was enhanced by a prior conviction

and if so, what particular prior conviction was used.1 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

1 As the Court of Appeals mentioned in its first footnote, the judgment reflects that the trial court found the enhancement to be “True,” but the record does not reflect whether the indictment in fact contained an enhancement paragraph. Blevins v. State, No. 07-08-00336-CR (Tex. App.—Amarillo Apr. 29, 2009) (not designated for publication). Indeed, no enhancement paragraph appears in the copy of the indictment contained in the writ record forwarded to this Court. Furthermore, the Court of Appeals states that the reporter’s record of the punishment proceeding reflects that Applicant was not asked to enter a plea as to any enhancement paragraph. Id. 3

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, trial transcripts, 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: January 11, 2023 Do not publish