Opinion

Hampton, Randy Paul

Court
Court of Criminal Appeals of Texas
Filed
Sep 13, 2006
Status
Published
Cited by
0 cases
Authority
More cited than 38.1%

The opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-52,828-03

EX PARTE RANDY PAUL HAMPTON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-2004-1082-E IN THE 367 TH JUDICIAL DISTRICT COURT

FROM DENTON 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 possession of a

controlled substance and sentenced to two years' imprisonment.

Applicant contends that he is being improperly held on a parole revocation warrant without

a revocation hearing, and that he has no new charges remaining unresolved at this time. Applicant

also alleges that he is entitled to street time credit for time spent on parole, and that his sentence

discharge date has passed. Therefore, Applicant argues that his continued confinement under the

parole revocation warrant is illegal.

Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington ,

466 U.S. 608 (1984); Ex parte Lemke , 13 S.W.3d 791,795-96 (Tex. Crim. App. 2000). In these

circumstances, additional facts are needed. As we held in Ex parte Rodriguez , 334 S.W.2d 294, 294

(Tex. Crim. App. 1997), the trial court is the appropriate forum for findings of fact. The trial court

may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d). The trial court may also

order depositions, interrogatories or a hearing. In the appropriate case, the trial court may rely on

its personal recollection.

The trial court may order the Texas Board of Pardons and Paroles and/or the Texas

Department of Criminal Justice, Institutional Division to file an affidavit addressing whether

Applicant is in custody pursuant to a pre-revocation warrant issued on March 31, 2006, and if so,

whether he has received or waived a preliminary hearing or a revocation hearing. The affidavit

should also set out the dates of Applicant's release on parole and return to custody, and the amount

of time remaining on Applicant's sentence on both of those dates. The affidavit should indicate

whether Applicant has any past or present convictions which would render him ineligible for street

time credits under Tex. Gov't Code §§508.149(a) and 508.283. If Applicant is eligible to earn street

time credits, the affidavit should address whether Applicant is entitled to street time credits for his

latest period of release, and whether he is receiving such credits. Finally, the affidavit should

indicate whether Applicant has received any new convictions since his release on parole, and if so

whether he is currently serving sentences for any such convictions.

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 as to whether Applicant is being held solely on the

basis of a parole revocation warrant, and if so, for how long he has been held without a preliminary

hearing and/or a revocation hearing. If Applicant has new charges, the court shall make findings as

to whether those charges are currently pending, or whether they have been disposed, and if so, when.

The court shall also make findings as to whether Applicant is entitled to street time credit for the

period he was released on parole, and whether he would have discharged his sentence if the

revocation hearing were held at this time. 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. If any continuances are granted, a copy of the

order granting the continuance shall be sent to this Court. 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 120 days of the date of this order. Any extensions of time shall be

obtained from this Court.

Filed: September 13, 2006

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