l 7 sTE\/E`.“J D. GILBERT # 42364»5 ij ’5%~ 161 1 20
TDCJ-ID ELLIS UNIT 1687 FM 980 Rd; Huntsville, Texas 77343
January 281 2015
TO: ' 4 Re: Habeas Corous Writ ' ' 17,545-19 and THE COURT OF CRIMINAL APPEALS 171 545_20
ABEL ACOSTA, CLERK P.O. BOX 12308 CAPITOL STATION USTIN, TEXAS 78711
Dear Clerk,
Enclosed please find my Objection to the Trial Court's findings and conclusion> in this habeas corpus proceeding, will you please present this to the court for a consideration in the matter prior to it's final decision in this case, »
Thank you kindly, I do
§teven D"'Gilbert #423646
cc:files CCA Clk.
PECE|\IEDMWLS IN
©OUHTOFCRMNALAPPEALS FEB 0 4 2015
Abet Acosta, Clerk'
IN`THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS
ax PARTE y §m _»'1. sTE"vEN DWAYNE GILBERT. ~ .¢- _ 1 ' ‘»# APPLICANT , n § q TRIAL NO. 6754-1,6755' ' ccA No. wR- 17, 545- 19 and § 17, 545- 20 APPLICANT'$ oBJECTIoN To THEm , 5 _ q
TRIALCCOURT'S FINDINCS OF FACT AND CQNCLQ§IONS»OF#LAW :' ‘
cr nr:"“w
x \" f
..» _. .4`-1~
TO THE JUDGES OF THE "‘\)UR'11 OF FRIWIN L §QPE§LS ::
rz ~ r'fé x.)<; - »
COME§ NQW,_ App]icant. Gilbert, who~brought~this~habeas~' corpus writ‘pursuant to articleill.07'V.A»C.C;P:r'and on August 14, 20l4i,the state responded\by~stating that nothing was wrong wi. th aopl1canl susentence-~ The trial court adopted the_stat§ s argument and ,ecommended tha-; the writ be.denied. On Octooer l§,F2014h+tha,Qourt.of;Criminal Appeals remanded the,‘ habeasdwrit;pac§@t@tthe;trial¢comntgafter¢deciding~thatithe* claim, ifwtruey,mightzentitle,apgliaant to releif, and ordered the trial court to make_axfinding and~conclusion'as.to theY` claim by applicant that he had heenwdenied FlatyTime Creditsw for time span in jail pursuant to preq revocation parole varrants. On January 27, 2015, the trialcourt issued it's findings aid :onclusions clalmlno that it_found no unresolved issue with the calculation of aopl1ca11' sentence and the trial court again re§ommende d that the habeasyw§}$ be denied.
APPLICANT'S OBJECTION
Applicant objects to the findings and conclusions by the
trial court whereas applicant states that the trial court has
made a misapplication of the facts in this habeas writ.
"(1)
THE FACTS AND THE EVIDENCE
The facts were not disputed by the state, that applicant cannot be denied flat time credits for time spent confined ursuant to an issuance of a pre-parole revocation warrant. See Ex Parte Canada, 754 S.W“ 2d 660.j However, the trial court issued it's findings of facts pursuant to an Affadavit by Charley Valdez, the Supervisor III, for the Classifacation and Records Department of TDCJ=ID. Applicant alleges that Mr} Valdez's affadivat was and is not an official document reliable Or truthful to make a de novo hearing one of fairness. In applicant's habeas filings he presented reliable evidence to support his claim, that evidence consisting of official documents showing without question or dispute that he had been
wrongfully denied his flat time credits? THE EVIDENCE :
In this habeas corpus proceeding applicant presented a "TIME RECORD SHEET". That time record sheet shows how much time applicant has been credited on his 30 year sentence. The time record sheet is an offical document provided to every offender by TDc.:r-ID. ' `
Secondlv, applicant presented a "Manuel Calculation Time Print-out Form". That form was provided by staff counsel for Offenders. It shows each time applicant entered TDCJ-Id, and the date of his release. Also, it was an calculation of the exact amount of time applicant has accumalated on his
30 year sentence pursuant to the 5 times he was in TDCJ-Id.
According to these offical documents, it is obvious and also undisputed by Mr. Valdez that applicant has earned 24 years,
7 months and 21 days on his 30 year sentence¢
(2)
THE MISAPPLICATION OF THE FACTS :
The only issue for the trial court was for it to decide where did the 24 years, 7 months and 21 days that applicant has been given credit for come from= Mr. Valdez simply typed up a chart by using all of applicant's arrest dates and release dates and stated that applicant had received credits for those dates. However, applicant viggorously alleges that for Mr. Valdez to claim such is absolutely absurb, because the actual offical Time Sheet Records from TDCJ-ID clearly shows that applicant has 'been incarcerated 5 differnt times on his 30 year sentence and pursuant to those 5 incarcerations applicant was in prison for 24 years, 7 months and 21 days, hThe trial court misapplied the facts by not doing it's own calculation of applicant's time from his 5 incarcerations, instead it relied on a erroneous
and untruthful affadavit of Mr. Valdez.
BASIC MATH MATICS :
Because applicant's 5 prison incarcerations equals 24 years, 7 months, and 21 days; and according to Mr, Valdez himself;the recor’s shows that applicant has been credited with 24 years, 7 months and 21 days, for Mr. Valdez to state the claim that TDCJ had given applicant the 20 months flat time credits that
he claims he has been denied is far fetched.
A SIMPLE HABEAS CORPUS ISSUE 2
The issue is very simple, first determine how much time applicant spent in prison on his sentence the 5 incarcerations and then review TDCJ~Id's records to find out how much time applicant has been credited. lf applicant has spent 24 years, 7 months, and 21 days in prison, then there is no way TDCJ has
credited him with the 20 months pre-revocation parole credits.
(3)
§
THE EXHIBITS ;
Attached to this objection applicant is presenting the (A) TIME RECORD SHEETFFROM TDCJ"ID (B) AND THE MANUAL TIME CACULATION FORM_SHEET. d
PURPOSE OF THE EXHIBITS :
Thes e exhi`oits will allow the Court of Criminal Appeals to see that applicant has only been given credit for 24 years 7 months and 21 days,, also, a review of the findings and conclusions by the trial court will reveal that Mr. Valdez agrees to the figuration of the amount Of time applicant has been credited tor. The Manuallime Caculation Form will show how much time applicant earned "IN PRISON" on his sentence. Without doubt the fact will show that applicant has not been
credited with any time except what he earned in prison.
WHEREFORE, Applicant Pray that this Court of Criminal Appeals would reject the findings and conclusions of the trial court and issue an order that TDCJ~ID immediately award the 20 months of flat time credits to the completion of applicant's sentence, and that if so orderedy applicant would be released
. . § to mandatory supervision parole pursuant to law
Re ectfuliy‘submitted, d/f§§§§l¢§li;i;::£il£;;&§ “Steven D. Gilbert 423646
D.Bv Ellis Unit
1697 FM 980 Huntsville; Texas 77343
NOTARY I, STEVEN D. GILBF RT Tdcj- -Id No. 423646, do hereby declare under the penalt .y of perjury that the above is true and that I
signed the sa.ne on this \S¥-day of §bkya 35 , 2015=
/§5§3»»> fslil>@ds
Applic ant Pro Se
UNITC DPY _ `T.D.C.J.-INSTITUTISNAL UIVISION _ 05/02/2014-106
~"1Ts¢10952 - '- _ INMATE TI'~:E_sl_IPsv GILBERT, sTEvEN _ ~~ Tnc: 00423646 srn. 03695'805 uNIT. E~ ; HausINs/BED. `H-19-2 11 ..
' aePRJ-REL-DATE= 06 05 2016 11/:~.>'<- -ExP- DATE. \_ 01 28 2020 4;__
aeINMATE sTATus=- _ 11 ' MAX TERM 50 00_ 0'0 ‘
LAT TIME cREDI_.TEl_J_ w cALc BE@IN DATE= '01 13 1986 soon TIME cREDI_T = ' 1 1 Tnc.REcEIvE'DATE= 06 06 1906 soon YIME 41_"0$1'._:, " 0
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l 7 sTE\/E`.“J D. GILBERT # 42364»5 ij ’5%~ 161 1 20
TDCJ-ID ELLIS UNIT 1687 FM 980 Rd; Huntsville, Texas 77343
January 281 2015
TO: ' 4 Re: Habeas Corous Writ ' ' 17,545-19 and THE COURT OF CRIMINAL APPEALS 171 545_20
ABEL ACOSTA, CLERK P.O. BOX 12308 CAPITOL STATION USTIN, TEXAS 78711
Dear Clerk,
Enclosed please find my Objection to the Trial Court's findings and conclusion> in this habeas corpus proceeding, will you please present this to the court for a consideration in the matter prior to it's final decision in this case, »
Thank you kindly, I do
§teven D"'Gilbert #423646
cc:files CCA Clk.
PECE|\IEDMWLS IN
©OUHTOFCRMNALAPPEALS FEB 0 4 2015
Abet Acosta, Clerk'
IN`THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS
ax PARTE y §m _»'1. sTE"vEN DWAYNE GILBERT. ~ .¢- _ 1 ' ‘»# APPLICANT , n § q TRIAL NO. 6754-1,6755' ' ccA No. wR- 17, 545- 19 and § 17, 545- 20 APPLICANT'$ oBJECTIoN To THEm , 5 _ q
TRIALCCOURT'S FINDINCS OF FACT AND CQNCLQ§IONS»OF#LAW :' ‘
cr nr:"“w
x \" f
..» _. .4`-1~
TO THE JUDGES OF THE "‘\)UR'11 OF FRIWIN L §QPE§LS ::
rz ~ r'fé x.)<; - »
COME§ NQW,_ App]icant. Gilbert, who~brought~this~habeas~' corpus writ‘pursuant to articleill.07'V.A»C.C;P:r'and on August 14, 20l4i,the state responded\by~stating that nothing was wrong wi. th aopl1canl susentence-~ The trial court adopted the_stat§ s argument and ,ecommended tha-; the writ be.denied. On Octooer l§,F2014h+tha,Qourt.of;Criminal Appeals remanded the,‘ habeasdwrit;pac§@t@tthe;trial¢comntgafter¢deciding~thatithe* claim, ifwtruey,mightzentitle,apgliaant to releif, and ordered the trial court to make_axfinding and~conclusion'as.to theY` claim by applicant that he had heenwdenied FlatyTime Creditsw for time span in jail pursuant to preq revocation parole varrants. On January 27, 2015, the trialcourt issued it's findings aid :onclusions clalmlno that it_found no unresolved issue with the calculation of aopl1ca11' sentence and the trial court again re§ommende d that the habeasyw§}$ be denied.
APPLICANT'S OBJECTION
Applicant objects to the findings and conclusions by the
trial court whereas applicant states that the trial court has
made a misapplication of the facts in this habeas writ.
"(1)
THE FACTS AND THE EVIDENCE
The facts were not disputed by the state, that applicant cannot be denied flat time credits for time spent confined ursuant to an issuance of a pre-parole revocation warrant. See Ex Parte Canada, 754 S.W“ 2d 660.j However, the trial court issued it's findings of facts pursuant to an Affadavit by Charley Valdez, the Supervisor III, for the Classifacation and Records Department of TDCJ=ID. Applicant alleges that Mr} Valdez's affadivat was and is not an official document reliable Or truthful to make a de novo hearing one of fairness. In applicant's habeas filings he presented reliable evidence to support his claim, that evidence consisting of official documents showing without question or dispute that he had been
wrongfully denied his flat time credits? THE EVIDENCE :
In this habeas corpus proceeding applicant presented a "TIME RECORD SHEET". That time record sheet shows how much time applicant has been credited on his 30 year sentence. The time record sheet is an offical document provided to every offender by TDc.:r-ID. ' `
Secondlv, applicant presented a "Manuel Calculation Time Print-out Form". That form was provided by staff counsel for Offenders. It shows each time applicant entered TDCJ-Id, and the date of his release. Also, it was an calculation of the exact amount of time applicant has accumalated on his
30 year sentence pursuant to the 5 times he was in TDCJ-Id.
According to these offical documents, it is obvious and also undisputed by Mr. Valdez that applicant has earned 24 years,
7 months and 21 days on his 30 year sentence¢
(2)
THE MISAPPLICATION OF THE FACTS :
The only issue for the trial court was for it to decide where did the 24 years, 7 months and 21 days that applicant has been given credit for come from= Mr. Valdez simply typed up a chart by using all of applicant's arrest dates and release dates and stated that applicant had received credits for those dates. However, applicant viggorously alleges that for Mr. Valdez to claim such is absolutely absurb, because the actual offical Time Sheet Records from TDCJ-ID clearly shows that applicant has 'been incarcerated 5 differnt times on his 30 year sentence and pursuant to those 5 incarcerations applicant was in prison for 24 years, 7 months and 21 days, hThe trial court misapplied the facts by not doing it's own calculation of applicant's time from his 5 incarcerations, instead it relied on a erroneous
and untruthful affadavit of Mr. Valdez.
BASIC MATH MATICS :
Because applicant's 5 prison incarcerations equals 24 years, 7 months, and 21 days; and according to Mr, Valdez himself;the recor’s shows that applicant has been credited with 24 years, 7 months and 21 days, for Mr. Valdez to state the claim that TDCJ had given applicant the 20 months flat time credits that
he claims he has been denied is far fetched.
A SIMPLE HABEAS CORPUS ISSUE 2
The issue is very simple, first determine how much time applicant spent in prison on his sentence the 5 incarcerations and then review TDCJ~Id's records to find out how much time applicant has been credited. lf applicant has spent 24 years, 7 months, and 21 days in prison, then there is no way TDCJ has
credited him with the 20 months pre-revocation parole credits.
(3)
§
THE EXHIBITS ;
Attached to this objection applicant is presenting the (A) TIME RECORD SHEETFFROM TDCJ"ID (B) AND THE MANUAL TIME CACULATION FORM_SHEET. d
PURPOSE OF THE EXHIBITS :
Thes e exhi`oits will allow the Court of Criminal Appeals to see that applicant has only been given credit for 24 years 7 months and 21 days,, also, a review of the findings and conclusions by the trial court will reveal that Mr. Valdez agrees to the figuration of the amount Of time applicant has been credited tor. The Manuallime Caculation Form will show how much time applicant earned "IN PRISON" on his sentence. Without doubt the fact will show that applicant has not been
credited with any time except what he earned in prison.
WHEREFORE, Applicant Pray that this Court of Criminal Appeals would reject the findings and conclusions of the trial court and issue an order that TDCJ~ID immediately award the 20 months of flat time credits to the completion of applicant's sentence, and that if so orderedy applicant would be released
. . § to mandatory supervision parole pursuant to law
Re ectfuliy‘submitted, d/f§§§§l¢§li;i;::£il£;;&§ “Steven D. Gilbert 423646
D.Bv Ellis Unit
1697 FM 980 Huntsville; Texas 77343
NOTARY I, STEVEN D. GILBF RT Tdcj- -Id No. 423646, do hereby declare under the penalt .y of perjury that the above is true and that I
signed the sa.ne on this \S¥-day of §bkya 35 , 2015=
/§5§3»»> fslil>@ds
Applic ant Pro Se
UNITC DPY _ `T.D.C.J.-INSTITUTISNAL UIVISION _ 05/02/2014-106
~"1Ts¢10952 - '- _ INMATE TI'~:E_sl_IPsv GILBERT, sTEvEN _ ~~ Tnc: 00423646 srn. 03695'805 uNIT. E~ ; HausINs/BED. `H-19-2 11 ..
' aePRJ-REL-DATE= 06 05 2016 11/:~.>'<- -ExP- DATE. \_ 01 28 2020 4;__
aeINMATE sTATus=- _ 11 ' MAX TERM 50 00_ 0'0 ‘
LAT TIME cREDI_.TEl_J_ w cALc BE@IN DATE= '01 13 1986 soon TIME cREDI_T = ' 1 1 Tnc.REcEIvE'DATE= 06 06 1906 soon YIME 41_"0$1'._:, " 0
BONUS TIME CREDITED¢ 1 04 18 ._ WORK TIME.CREDITED$ 0 00 00 _WDRK TIME LDST£ " 0 XTDTAL TIME CREDITED: 26 06 02 - b ~ j
xsTATus.EF'FEcT DAT"E= 01 10‘2013 . JAI-L suon_TIME REcEIvED= YEs
DEc: ' Q¢:c=.
PARDLE.DATA:-SUBMITTED FDR BDARD REVlEW
_;1(4:21¢~.4 SoPFQR-KCA 451 `141& &\/?66166 PRSM> 191116.1 3 1:1,\+ 616 661 13 `143~1 14 63 446 1161 466 36 413 36 1166 36643666 1166 341126 3 1643 61\1>4;1011416 Ag eF 4\/4¢\41 3~ _&G\Ll A QA\QQ4A~44U 354466`|‘46\6 /41>1>446664 31>€114 mgm/6694 311 T<41Lj 164 44¥15'61\,3 44\6 4-;\1§614 11164644111\66 446 __ 3664 46 11465 PR6\266 441/6 416 46#© 664 45661\ 44`1\1€11 AL`L 154/14 166 666:4°46 “1‘1>“11 446 94 m¢\44\3 61044441 @=1=44\1\6 441 635
In@ARQ§p\/\M en 46E4114AT~ of -44~16 K\GW\%R61)3 PAR@I 6 wARR/m¥$ q 411 FAP4~£ &AnACLA `15“4 5 444 161 1100 416 CR=»»APP~)
~\.r.-..'.. "".`~
,i
Projzcted Release Date/Multiple Releases
' FIAT TH|£!'E Period One `
`l°lq`O:- O?>"\S' Released
-Ij'?>Lp-‘ 01-13 SBD'
' =og..og,~o)` Y/M{D Fiat Period Four ` 101 \..g'o# 13 Released_ -&03$-5_?=~9~'°\ Jail Date ' =Oh¥OLv'f l";! Y/M/D Flat`
iod Si§
Released 3 Jail Date Y/M/.D Flat
GUOD I_‘_LME (Start with SBD 1fPre-65th or 1f never released tQ parole/MS. )
Period Two
MO- OLQ * IlRe leased `
_ -Hj<)- %~3 Aolaili)ate
=Q_DF?L_QQ~_ YMD Flaf
_ °od Five
Released Jail Date
_.-_ ~' #Y/_i\/i/D-Fiac'
-_ Pgriod _Seven
MToday’ s Date
' -;_.2\ 22~ o\-l.G .Tail Date
= 0\¥- c>'~l ~ .;u-. Y/M_/D Fiac
Conv
Legi.s'lature: Q§_"u'\ First Classiiication: bj=. Sec dClassii"`ication:____
,;;Q\‘-{-o.w'f>l §ri:ss.-E\;d § -20|3-0!¢-10 SBD or Jail'Date
Class. End`
Y/M/D F]at
Offender Name: 64 UOW S)d'p€/\ ' »7-#0<:)‘ ‘»[Qécéii\@'
Period Three
SCI)’I- ®»~_0@ Released __ _;99130‘5»01 Jaii pate .- =o'§- o\r,O\ Y/M/D mar
erted, 1fnecessary-
Date Prom/Dem _ _ z Y`
Period_One 03 .- 0 l- OJ- Pei'iod Two + Oj- 0 L'- ‘).2.-` P§iiod Thre¢+_n§~_ m, - 0\.. Perioch§ur4 +03- D\a" N
" Period Five\§ .. .
Per`iod six
Period Seven __L.@_\_,|.._$`)..+ A-(-hl `f§m & ~ d"_/-c~3
C,\\wixw! w - ‘Jma
Third . . Today’s Date_
ate Prom/Dem
=Q|..oq-a;)_Y/M/D rjlac\ =~ . Converted 601 # Days Converte_d _# Days Converted
x .Lo left Raiio X quib"
= 532 Good DaYS f-' Gb_¢')"cl ijay_s 7 ' = .. Good Days
235§ First Class. _]Qay§io§tDiscipl. 333 Total Good Days + .> second ciass. ` "+ o +’D , g Toral Days_LoscD_'iscipi + \ Third~class. _ " `+° '+ . =~333 Tot_al Goodi°)iiquamed =Bgz
=l==l==1:=1=a==i=*=x==x==s****a=**=x=x*=i*v<$i=****i==i=**i~*=i==i==x==r=x=='==v=x=*=i==x==i=k=x=****=x==i==x=a=**=x=**=i=**a=>.~*>.<=x=**>i~s.<=i*).= P_r___e65th/6‘i”‘ Class Good Tz°mé Ratz’o , 70"‘ + Class
SIIIC, SATIIC, SATIUC ........... _ ..... 2
SATIB, SATHB, SATI]IB, SATIVC ....... 1.833
SATI A, SATHA, SATHIA, SATIVB ...... ~ _ -1.667
SAT I, SAT II, SAT m, SAT IV A ............ .1.5
SAT IV .................................. 1.33
LINE I C . .. .......... ~. .................... 1.16 ' . LINEIB......-..._......................;§ 1 ....... SATI,SATH,SATIH LINEIA, Ll'NEII C ........................ .833 ....... SATIV LmEILmEnB.......; .................. C@
L]NE 11 A ................................ . "
L]NE 11 .................................. .33 ....... LINE II . ' ..
0 ....... L]NE m
LINEIIIA,L]NEIIIB,LD\IE.IIIC .............