Gordon, Bobby Dan

• Court: Court of Criminal Appeals of Texas
• Decided: April 1, 2015
• Docket: WR-27,917-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-27,917-03

EX PARTE BOBBY D. GORDON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W92-04535-Q(C) IN THE 204TH DISTRICT COURT FROM DALLAS 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 attempted

burglary of a habitation and sentenced to twenty-five years’ imprisonment.

Applicant contends that he is being denied credit for time spent released on parole prior to

revocation. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Spann, 132

S.W.3d 390 (Tex. Crim. App. 2004). 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 2

appropriate forum for findings of fact.

The trial court shall order the Texas Department of Criminal Justice’s Office of the General

Counsel to file an affidavit listing whether Applicant qualifies for street time credit under Tex. Gov’t

Code §508.283(c), and if so, whether he has been given such credit. The affidavit should indicate

whether or not Applicant has submitted his claim to the time credit resolution system of TDCJ, and

if so, the date when the claim was submitted.

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

has properly exhausted his administrative remedies as required by TEX . GOV ’T CODE § 501.0081(b)-

(c). The trial court shall then make findings and conclusions as to whether Applicant qualifies for

street time credit under Tex. Gov’t Code §508.283(c), and if so, whether he has been given such

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 shall

be obtained from this Court. 3

Filed: April 1, 2015 Do not publish