Wooten, Anthony Scott

• Court: Court of Criminal Appeals of Texas
• Decided: March 1, 2006
• Docket: WR-63,606-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-63,606-02 EX PARTE ANTHONY SCOTT WOOTEN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM TARRANT COUNTY

IN THE 297^TH JUDICIAL DISTRICT COURT

TRIAL COURT CAUSE NO. C-297-007528-0759485-B

Per curiam.

O R D E R

This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offense of possession with intent to deliver a controlled substance, and punishment was assessed at confinement for five years. No direct appeal was taken.

Applicant contends that he has not received street time credit for time he was released on mandatory supervision in this cause. See Ex parte Spann, 132 S.W.3d 390 (Tex. Crim. App. 2004).

The trial court has not entered findings of fact or conclusions of law. We believe that Applicant has alleged facts that, if true, might entitle him to relief. Therefore, it is this Court's opinion that additional facts need to be developed. Because this Court cannot hear evidence, the trial court is the appropriate forum. The trial court may resolve those issues as set out in Tex. Code Crim. Proc. art. 11.07, § 3 (d), in that it may order affidavits, depositions, or interrogatories from both the criminal institutions and the parole divisions of the Texas Department of Criminal Justice, or it may order a hearing.

If the trial court elects to hold a hearing, the court should first decide whether Applicant is indigent. If the trial court finds that Applicant is indigent and Applicant desires to be represented by counsel, the trial court will then, pursuant to the provisions of Tex. Code Crim. Proc. art. 26.04, appoint an attorney to represent him at the hearing.

Following receipt of additional information, the trial court should make findings of fact as to the quantum of Applicant's flat time credit and street time credit, the "remaining portion" of Applicant's sentence as that term is defined in Spann, 132 S.W.2d at 396, and the "summons date" as that term is defined in Spann. Id. at 393 n.6. The trial court should also make any further findings of fact and conclusions of law it deems relevant and appropriate to the disposition of the application for writ of habeas corpus.

Because this Court does not hear evidence, Ex Parte Rodriquez, 334 S.W.2d 294 (Tex. Crim. App. 1960), this application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. Resolution of the issues shall be accomplished by the trial court within 45 days of the date of this order. ⁽¹⁾ 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 returned to this Court within 60 days of the date of this order. ⁽²⁾

IT IS SO ORDERED THIS THE 1^st DAY OF MARCH, 2006.

DO NOT PUBLISH

1.

In the event any continuances are granted, copies of the order granting the continuance should be provided to this Court.

2.

Any extensions of this time period should be obtained from this Court.