EX PARTE ROBERT CALDERON (other)
Annotate this Case
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-40,814-03
EX PARTE ROBERT CALDERON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CRHC-04-0103720 IN THE 216TH DISTRICT COURT
FROM BANDERA COUNTY
Per curiam.
O R D E R
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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of indecency with a child and sentenced to two years' imprisonment.
Applicant contends that he is being denied credit for time confined prior to conviction for which a detainer was lodged for this offense. Documents in this record indicate that such credit would entitle Applicant to immediate release. Applicant has alleged facts that, if true, might entitle him to relief. 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 appropriate forum for making findings of fact.
The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d). The court shall determine whether a detainer for this offense was lodged against applicant while he was serving another sentence at the Texas Department of Criminal Justice, State Jails Division, and, if so, whether applicant has received credit for the period such detainer was in effect. The court shall also determine when applicant's sentence is currently scheduled to discharge, and may 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 15 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 returned to this Court within 30 days of the date of this order. Any extensions of time shall be obtained from this Court.
Filed: October 8, 2008
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