Mendoza, Thomas

• Court: Court of Criminal Appeals of Texas
• Decided: May 22, 2019
• Docket: WR-89,796-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-89,796-01

EX PARTE THOMAS MENDOZA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 15-01-0001-CRA-A IN THE 81ST DISTRICT COURT FROM ATASCOSA 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 aggravated

assault and sentenced to twelve years’ imprisonment.

Applicant complains that he is not receiving pre-sentence confinement time-credit. The trial

court awarded this time-credit several years ago. It is unclear from the habeas record forwarded to

this Court whether this time-credit is being applied against Applicant’s twelve-year sentence.

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 2

held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the

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 addressing Applicant’s claim that he is not receiving pre-sentence

confinement time-credit. The trial court may also order depositions, interrogatories or a hearing. In

the appropriate case, the trial court may rely on its personal recollection. Id. 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

is receiving proper time-credit on his sentence. 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 must

be requested by the trial court and shall be obtained from this Court.

Filed: May 20, 2019 Do not publish