‘ * v sTEVEN D. GILBERT # 423646 |F_]}EDL{:>-[C? 121€)
TDCJ-ID ELLIS UNIT` 1637 FM 980 Rd; Huntsville, Texas 77343
JanuarY 23, 2015
TO: ` . Re: Habeas Corpus Writ ' ' 17,545-19 and THE coURT oF CRIMINAL APPEALS 17, 545_20
ABEL ACOSTA, CLERK P.O. BOX 12308 CAPITOL STATION AUSTIN, TEXAS 73711'
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, l
Thank you kindly, I do
t ven Dn Gilbert #423646 Applicant
cc:files CCA Clk.
RECE|\IEDMAL INS
@OUTGFGRMNALAPPEAL FEB 04 2015
Abet Acoeta, Clerk'
IN`THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS
91 PARTE , y .. §¢ ,; STEVEN DWA¥NE GILBERT - »- _ ‘ w ‘w` »'¢ PPLICANT il ,l § ‘ TRI.AL N\)¢ 6754'_1(6:755_1- ”‘ ` ' ccA No. wR-17, 545- 19 and § 17, 545- 20 APPLICANT'$ oBJEcTIoN To THEN _ v __ h
TRIALCCOURT'S FINDINCS OF FACT AND CQNCLH§IONS\OF~LAW :v
_ ry '_ ,`. ..',. ... -1,-~ A-~}.
_ `.- 4
To THE JUDGES`o§`THE cuURT o9 cRIAIN@L A9PEALS :
r1 f v'v@ !>V\
COMES NQW, §pp]icant- Gilbert, who»brought~this~habeas~' co1pus writ oursJant t_o §rticle ll. 07 V. A C. C. P., and onv August l4J2 014.&, he,state responded\by stating that nothing was wrong wi- th aoplicanr's"se"tence.~ Th-e trial court adopi;ed the state_' s argument and »ecommended that the writ be.denied. On Octooer l5,120l4h+tna,00urt,of;Criminal"Appeals remanded the habeaswyrit;bacgwtqith§;trial¢cownt:afterqdeciding“that>the‘ claim, if%true¢,mightmentitle¢applieant to-releif; and ordered the trial court to,make.aifinding and conclusion as to the¥` claim by applicant_thatbhe_hadmbeenydenied FlamyTime Credits, for time span in jail pursuant tp preqrevocption parole warrants. On January 271 2015, the-trialcourt issued it“s _indings aid conclusions claimino that it found no unresolved issue with the calculation of aoplica11's sentence and the trial court again re?ommcndcd_tnat_the_habeasyw{}; be denied.
.p. “"
APPLICANT'S OBJECTION Applicant objects to the findings and conclusions by they trial court whereas applicant states that the trial court has
made a misapplication of the facts in this habeas writ.
~…,T .j ¢;.-`\.
(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 pursuant to an issuance of a pre-parole revocation warrant.
See Ex Parte Canada, 754 S.Wi 2d 660. 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 TDCJHID. 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 fiat time credits,4
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 TDCJ-ID. ' 4
Secondlv, applicant presented a "Manuel Calculation Time Print-out Form". Tnat 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 records 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 :
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. If 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 t
Attached to.this objection applicant is presenting the (A) TIME RECORD SHEET'FROM TDCJ"ID (B) AND THE MANUAL TIME CACULATION FORM_SHEET. n
PURPOSE OF THE EXHIBITS :
These exhibits 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 for. 'The ManualTime Caculation Form will show how mach 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 sentenc-, and that if so orderedy applicant would be released
to mandatory supervision parole pursuant to law v
Re` ectfully Summitted, 6/f§§§§)é§l§e£;$:§il£§;&§ ,`S‘_
teven D. Gilbert 423646 D.B» Ellis Unit 1697 FM 980 ' Huntsville, Texas 77343
noTARY . I, STEVEN D. GILBERT Tdcj-Id No. 423646, do hereby declare under the penalty of perjury that the above is true and that I
signed the same on this ’\S¥-day of ¥E£Uy§@d , 2015=
’Applicant Pro Se
{4)
_UNIT CDPY _ T. D C. J. -INSTITUTISNAL DIVISION _ 65/02/2014-106
~ IT340952 ~ w ~ _ INMATE TIMESLIPS GILBERT, sTEvEN _ ~ 3 Tnc.ooqzssas srn=osesssc§-uNIT= E~ g HuusING/BED= H-19-2 11 n _xPRJ-REL-DATE: ,1 06 05 2016 sz EXP- DATE. ; 01 28 2020 § xINMATE sTATus=' L1 ’ MAX TERM. - 30 00_00 ‘ LAT TIME cREDIJ'El_Jy gzq 03 02->
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‘ * v sTEVEN D. GILBERT # 423646 |F_]}EDL{:>-[C? 121€)
TDCJ-ID ELLIS UNIT` 1637 FM 980 Rd; Huntsville, Texas 77343
JanuarY 23, 2015
TO: ` . Re: Habeas Corpus Writ ' ' 17,545-19 and THE coURT oF CRIMINAL APPEALS 17, 545_20
ABEL ACOSTA, CLERK P.O. BOX 12308 CAPITOL STATION AUSTIN, TEXAS 73711'
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, l
Thank you kindly, I do
t ven Dn Gilbert #423646 Applicant
cc:files CCA Clk.
RECE|\IEDMAL INS
@OUTGFGRMNALAPPEAL FEB 04 2015
Abet Acoeta, Clerk'
IN`THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS
91 PARTE , y .. §¢ ,; STEVEN DWA¥NE GILBERT - »- _ ‘ w ‘w` »'¢ PPLICANT il ,l § ‘ TRI.AL N\)¢ 6754'_1(6:755_1- ”‘ ` ' ccA No. wR-17, 545- 19 and § 17, 545- 20 APPLICANT'$ oBJEcTIoN To THEN _ v __ h
TRIALCCOURT'S FINDINCS OF FACT AND CQNCLH§IONS\OF~LAW :v
_ ry '_ ,`. ..',. ... -1,-~ A-~}.
_ `.- 4
To THE JUDGES`o§`THE cuURT o9 cRIAIN@L A9PEALS :
r1 f v'v@ !>V\
COMES NQW, §pp]icant- Gilbert, who»brought~this~habeas~' co1pus writ oursJant t_o §rticle ll. 07 V. A C. C. P., and onv August l4J2 014.&, he,state responded\by stating that nothing was wrong wi- th aoplicanr's"se"tence.~ Th-e trial court adopi;ed the state_' s argument and »ecommended that the writ be.denied. On Octooer l5,120l4h+tna,00urt,of;Criminal"Appeals remanded the habeaswyrit;bacgwtqith§;trial¢cownt:afterqdeciding“that>the‘ claim, if%true¢,mightmentitle¢applieant to-releif; and ordered the trial court to,make.aifinding and conclusion as to the¥` claim by applicant_thatbhe_hadmbeenydenied FlamyTime Credits, for time span in jail pursuant tp preqrevocption parole warrants. On January 271 2015, the-trialcourt issued it“s _indings aid conclusions claimino that it found no unresolved issue with the calculation of aoplica11's sentence and the trial court again re?ommcndcd_tnat_the_habeasyw{}; be denied.
.p. “"
APPLICANT'S OBJECTION Applicant objects to the findings and conclusions by they trial court whereas applicant states that the trial court has
made a misapplication of the facts in this habeas writ.
~…,T .j ¢;.-`\.
(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 pursuant to an issuance of a pre-parole revocation warrant.
See Ex Parte Canada, 754 S.Wi 2d 660. 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 TDCJHID. 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 fiat time credits,4
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 TDCJ-ID. ' 4
Secondlv, applicant presented a "Manuel Calculation Time Print-out Form". Tnat 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 records 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 :
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. If 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 t
Attached to.this objection applicant is presenting the (A) TIME RECORD SHEET'FROM TDCJ"ID (B) AND THE MANUAL TIME CACULATION FORM_SHEET. n
PURPOSE OF THE EXHIBITS :
These exhibits 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 for. 'The ManualTime Caculation Form will show how mach 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 sentenc-, and that if so orderedy applicant would be released
to mandatory supervision parole pursuant to law v
Re` ectfully Summitted, 6/f§§§§)é§l§e£;$:§il£§;&§ ,`S‘_
teven D. Gilbert 423646 D.B» Ellis Unit 1697 FM 980 ' Huntsville, Texas 77343
noTARY . I, STEVEN D. GILBERT Tdcj-Id No. 423646, do hereby declare under the penalty of perjury that the above is true and that I
signed the same on this ’\S¥-day of ¥E£Uy§@d , 2015=
’Applicant Pro Se
{4)
_UNIT CDPY _ T. D C. J. -INSTITUTISNAL DIVISION _ 65/02/2014-106
~ IT340952 ~ w ~ _ INMATE TIMESLIPS GILBERT, sTEvEN _ ~ 3 Tnc.ooqzssas srn=osesssc§-uNIT= E~ g HuusING/BED= H-19-2 11 n _xPRJ-REL-DATE: ,1 06 05 2016 sz EXP- DATE. ; 01 28 2020 § xINMATE sTATus=' L1 ’ MAX TERM. - 30 00_00 ‘ LAT TIME cREDIJ'El_Jy gzq 03 02-> cALc BEGIN DATE= '01 13 1986 soon TlME cREDIT : ' TDc.REcEIvE'DATE= 06 06 1986 BnNus TlME cREDITED¢ 1 04 18 soon TIME~EosT;_ " 1_ 0 quK TIME.cREDIT£D: 0 00 00 _woRK TIME LpsTr_ _ " 0
%TnTAL TIME cREnITED= 26 06 02
xsTATus.EFFEcT DAfE= 01 10 2013. JAIL soon_TIME REcEIvEn= YEs
nEc= ' ncc;
PARDLE.DATA:-SUBMITTED FOR BUARD REVlEW
_> 654-el SuPFoRJ.%A tail mine and ante PR&SU)"L€OO /:\,,F‘~.@u,ig ns mm sum 4a s1 Q;; re ila Hm eq kg 30 yeAe San~'lmt& AR€ QH\/Rs 3 m-l~§ N\d &DAWS /£ eF MA»~( ll &O\Ll A QA\QM\A“LU UFM&`FTW\K AH>\ W~J- 39mh creme/did 30 Td°~§~ ld shears ~\h& i~\T\)td §ZFM hmw ‘ lie 3w4 40 TA!Q§ 1390th 4~\»¢\4 he has usi hew wam AD§L WAL""`E:»§H\'&, C$U-`d¥@rs °T'?)`R dh& 94 “W\M‘\S WDR¥\`\ ®=1=4‘\"€ lie MS
I;\QARQ<_;RAM en lsd»;df er 44\9 oum&Rso§ 9ARQ| t UARRAM§§ g Ey PAPJ~£ CAr\AdA 757 5- m 624 000 fmc C»'R-~\»APP~§
.…qjh
,i
Proiscted Release Date/Multiple Releases
' FLATIHME Period One ,
]°\q'OL OZ-"l§ Released
-E|‘llr‘ L'.>\"' 12 SBD‘
' =01_»\ -0,1_),~03` Y/M[D Flat Period Four ' 10 1 \--1'\9 -' 13 Rc;,leased_ -&Da$-b?=-DF\ Jail Date ` =032-0\0'¢ lH Y/M/D Flat`
iod Si;_r
Released ii Iail Dafe Y/M/D Flat
GOOD HMIE (Start with SBD ifPre-GS.'.h or 1f never released tQ parole/MS_. )
Period'Two
MO- O§o ' IlRe leased `
_ -Ejo_%l__]ail Date
=gg_m_aal Y/M/D Flaf
_ °od Five
Released Jail Date
_.'-_- ' ' -Y/_IvI/D-Flac'
-_ P§riod Seven
ama;b_¢»:l_?-_Today’ s Date
' -Y\ ';5_- o\-l.O Iail Date
= 0\'_`- 04 ~ .:u-_ Yrr»A/D mac
Legis'lature: §§ S"u’\ First Classiiication: L_J=. Sec d Classification:____
-."f> . ,;;gl‘-low l§rla§sw-Endw
Class. End
`Conv 'erted, 1f necessary =
" -Third assiiication:_
offender Name. @\ UOirb Sidtpm ' ~7~#0<:)’ L{:»sc;i{\',
Period Three
9€0'1- OD'~_G@ Released _ ,;1_99\$_01“0'\ Jail Date - .-.v'€~ 019',0\ Y/M/D Fla`r
Period_One MQQ_ Pe§iod Two 4 03-01;-:>.:)0' P¢;riod Thre_e +\Q‘;`- g l, - O\_. Period F0ur~ +O O§»- D\a" N
" Period FM___
PeriodS' m\§ Period Seven +__|:_Q_\_:{;_D:)_ A~{-&\ `l'im 8- ~Y/M/P FLATZ. MS -r
g
C,\\Q-¢ ila inv ‘ `TUF~W.(D(Q`Q\"}
Today’ s Date
20|3~0§~10 SBD_ orJail'Date -
ate Prom/Dem Flaf
Date Prom/Dern _ Y/M/D Flat ' = Yr
=Q;.-o'~!~o.:_Y/N.r/D Flat_ =~
. Converted 504 #]jays Converted ,# Days Converted #Da_
X ¢LQ \2"'( Ratio X ‘_ °= "" j '_ X Ratio n
= 532 Good Days _= G`oo"cl jja_y_§ = §. Good Days 35§ First Class. _ ]Qay§lo§t Discipl. 333 To‘.al Good Days
+ > Second Ciass. " ` '_`___+___+_Q_ § § Total Days Lost D_iscipl.
+ ___'B.__ Third '.Class § t +__+___ =3, 53 Total Good D'a_ys__ Ean;ed
=__m;___TOfal GOO_dDays‘ ':'°Z’ . '- + += _-_-._`+
=O~! \-03 TOTAL GOOD Y/M/J_)
**=l=*=l=**=1¢*$=l==l==k*=l<=l=41=l=¥=l==¥-=l=*=l¢=I==!=*$**=I=**=l~****=?**********$*$*$$$***=F$***>F=l=>~='=>¢=l¢**#’$***k
Pre65th/65"‘ Cl_ass Good Timé Ratio 70"' + Class _SmTHC, SATmC ........... . ..... 2
SATIB, SATHB, SAT']]IB, SATIV C ....... 1.833
SATIA, SATHA, SA.THIA, SATIVB ...... - _ 1.667
SAT I, SAT II, SAT m, SATIV A ............ .1.5
SATIV .................................. 1.33
LINEI C . .. .......... ~. .................... 1.16 ` .
LINEIB 1 ....... SATI,SATH,SATIH
LINEIA, LINEII C ........................ .83_3 ....... SATIV ' .
LINEI, L].NEHB.......; .................. C .667 ....... LIN '
LINEHA ................................ . "
L]N.EH .................................. .33 ....... LINEII. .. 0 ....... LINE]]I
LH\IEHIA,LH\IEIIIB,LII\IE.IIIC .............