‘ * v sTEVEN D. GILBERT # 423646 |F_]}EDL{:>-[C? 121€)

TDCJ-ID ELLIS UNIT`
1637 FM 980 Rd;
Huntsville, Texas 77343

JanuarY 23, 2015

TO: ` . Re: Habeas Corpus Writ
' ' 17,545-19 and
THE coURT oF CRIMINAL APPEALS 17, 545_20

ABEL ACOSTA, CLERK
P.O. BOX 12308
CAPITOL STATION
AUSTIN, TEXAS 73711'

Dear Clerk,

Enclosed please find my Objection to the Trial Court's
findings and conclusion> in this habeas corpus proceeding, will
you please present this to the court for a consideration in the
matter prior to it's final decision in this case, l

Thank you kindly, I do

t ven Dn Gilbert #423646
Applicant

cc:files
CCA Clk.

RECE|\IEDMAL INS

@OUTGFGRMNALAPPEAL
FEB 04 2015

Abet Acoeta, Clerk'

IN`THE COURT OF CRIMINAL APPEALS
FOR THE STATE OF TEXAS

91 PARTE , y .. §¢ ,;
STEVEN DWA¥NE GILBERT - »- _ ‘ w ‘w` »'¢
PPLICANT il ,l § ‘ TRI.AL N\)¢ 6754'_1(6:755_1-
”‘ ` ' ccA No. wR-17, 545- 19 and
§ 17, 545- 20
APPLICANT'$ oBJEcTIoN To THEN _ v __ h

TRIALCCOURT'S FINDINCS OF FACT
AND CQNCLH§IONS\OF~LAW :v

 

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_ `.- 4

To THE JUDGES`o§`THE cuURT o9 cRIAIN@L A9PEALS : 

r1 f v'v@ !>V\

COMES NQW, §pp]icant- Gilbert, who»brought~this~habeas~'
co1pus writ oursJant t_o §rticle ll. 07 V. A C. C. P., and onv
August l4J2 014.&, he,state responded\by stating that nothing
was wrong wi- th aoplicanr's"se"tence.~ Th-e trial court adopi;ed
the state_' s argument and »ecommended that the writ be.denied.
On Octooer l5,120l4h+tna,00urt,of;Criminal"Appeals remanded the
habeaswyrit;bacgwtqith§;trial¢cownt:afterqdeciding“that>the‘
claim, if%true¢,mightmentitle¢applieant to-releif; and ordered
the trial court to,make.aifinding and conclusion as to the¥`
claim by applicant_thatbhe_hadmbeenydenied FlamyTime Credits,
for time span in jail pursuant tp preqrevocption parole
warrants. On January 271 2015, the-trialcourt issued it“s
_indings aid conclusions claimino that it found no unresolved
issue with the calculation of aoplica11's sentence and the
trial court again re?ommcndcd_tnat_the_habeasyw{}; be denied.

.p. “"

APPLICANT'S OBJECTION
Applicant objects to the findings and conclusions by they
trial court whereas applicant states that the trial court has

made a misapplication of the facts in this habeas writ.

~…,T
.j ¢;.-`\.

(1)-

THE FACTS AND THE EVIDENCE

The facts were not disputed by the state, that applicant
cannot be denied flat time credits for time spent confined
pursuant to an issuance of a pre-parole revocation warrant.

See Ex Parte Canada, 754 S.Wi 2d 660. However, the trial

court issued it's findings of facts pursuant to an Affadavit by
Charley Valdez, the Supervisor III, for the Classifacation and
Records Department of TDCJHID. Applicant alleges that Mr}
Valdez's affadivat was and is not an official document reliable
or truthful to make a de novo hearing one of fairness. In
applicant's habeas filings he presented reliable evidence to
support his claim, that evidence.consisting of official
documents showing without question or dispute that he had been

wrongfully denied his fiat time credits,4

THE EVIDENCE

In this habeas corpus proceeding applicant presented a
"TIME RECORD SHEET". That time record sheet shows how much
time applicant has been credited_on his 30 year sentence. The
time record sheet is an offical document provided to every
offender by TDCJ-ID. ' 4

Secondlv, applicant presented a "Manuel Calculation Time
Print-out Form". Tnat form was provided by staff counsel for
offenders. It shows each time applicant entered TDCJ-Id, and
the date of his release. Also, it was an calculation of
the exact amount of time applicant has accumalated on his

30 year sentence pursuant to the 5 times he was in TDCJ-Id.

According to these offical documents, it is obvious and
also undisputed by Mr. Valdez that applicant has earned 24 years,

7 months and 21 days on his 30 year sentence¢

(2)

THE MISAPPLICATION OF THE FACTS :

'The only issue for the trial court was for it to decide
where did the 24 years, 7 months and 21 days that applicant has
been given credit for come from= Mr.-Valdez simply typed up a
chart by using all of applicant's arrest dates and release dates
and stated that applicant had received credits for those dates.
However, applicant viggorously alleges that for Mr. Valdez to
claim such is absolutely absurb, because the actual offical Time
Sheet Records from TDCJ-ID clearly shows that applicant has
been incarcerated 5 differnt times on his 30 year sentence and
pursuant to those 5 incarcerations applicant was in prison for
24 years, 7 months and 21 days, hThe trial court misapplied the
facts by not doing it's own calculation of applicant's time
from his 5 incarcerations, instead it relied on a erroneous‘

and untruthful affadavit of Mr. Valdez.

BASIC MATH MATICS :

Because applicant's 5 prison incarcerations equals 24 years,
7 months, and 21 days; and according to Mr, Valdez himself,the
records shows that applicant has been credited with 24 years,
7 months and 21 days, for Mr. Valdez to state the claim that
TDCJ had given applicant the 20 months flat time credits that

he claims he has been denied is far fetched.

A SIMPLE HABEAS CORPUS ISSUE :

The issue is very simple, first determine how much time
applicant spent in prison on his sentence the 5 incarcerations
and then review TDCJ~Id's records to find out how much time
applicant has been credited. If applicant has spent 24 years,
7 months, and 21 days in prison» then there is no way TDCJ has

credited him with the 20 months pre-revocation parole credits.

(3)

 

§

THE'EXHIBITS t

Attached to.this objection applicant is presenting the
(A) TIME RECORD SHEET'FROM TDCJ"ID (B) AND THE MANUAL TIME
CACULATION FORM_SHEET. n

PURPOSE OF THE EXHIBITS :

These exhibits will allow the Court of Criminal Appeals
to see that applicant has only been given credit for 24 years
7 months and 21 days,. also, a review of the findings and
conclusions by the trial court will reveal that Mr- Valdez
agrees to the figuration of the amount of time applicant
has been credited for. 'The ManualTime Caculation Form will
show how mach time applicant earned "IN PRISON" on his sentence.
Without doubt the fact will show that applicant has not been

credited with any time except what he earned in prison.

WHEREFORE, Applicant Pray that this Court of Criminal
Appeals would reject the findings and conclusions of the trial
court and issue an order that TDCJ-ID immediately award the
20 months of flat time credits to the completion of applicant's
sentenc-, and that if so orderedy applicant would be released

to mandatory supervision parole pursuant to law v

Re` ectfully Summitted,
6/f§§§§)é§l§e£;$:§il£§;&§
,`S‘_

teven D. Gilbert 423646
D.B» Ellis Unit
1697 FM 980 '
Huntsville, Texas 77343

noTARY .
I, STEVEN D. GILBERT Tdcj-Id No. 423646, do hereby declare
under the penalty of perjury that the above is true and that I

signed the same on this ’\S¥-day of ¥E£Uy§@d , 2015=

’Applicant Pro Se

{4)

_UNIT CDPY _ T. D C. J. -INSTITUTISNAL DIVISION _ 65/02/2014-106

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Proiscted Release Date/Multiple Releases

' FLATIHME
Period One ,

]°\q'OL OZ-"l§ Released

-E|‘llr‘ L'.>\"' 12 SBD‘

' =01_»\ -0,1_),~03` Y/M[D Flat
Period Four '
10 1 \--1'\9 -' 13 Rc;,leased_
-&Da$-b?=-DF\ Jail Date `
=032-0\0'¢ lH Y/M/D Flat`

iod Si;_r

 
 
  
 

 

Released ii
Iail Dafe
Y/M/D Flat

GOOD HMIE (Start with SBD ifPre-GS.'.h or 1f never released tQ parole/MS_. )

Period'Two

MO- O§o ' IlRe leased `

_ -Ejo_%l__]ail Date

=gg_m_aal Y/M/D Flaf

_ °od Five

 
 
 
 

 

Released
Jail Date

_.'-_- ' ' -Y/_IvI/D-Flac'

-_ P§riod Seven

ama;b_¢»:l_?-_Today’ s Date

' -Y\ ';5_- o\-l.O Iail Date

= 0\'_`- 04 ~ .:u-_ Yrr»A/D mac

 

Legis'lature: §§ S"u’\
First Classiiication: L_J=. Sec d Classification:____

-."f> .
,;;gl‘-low l§rla§sw-Endw

Class. End

  

`Conv 'erted, 1f necessary =

" -Third assiiication:_

offender Name. @\ UOirb Sidtpm
' ~7~#0<:)’ L{:»sc;i{\',

Period Three

9€0'1- OD'~_G@ Released _
,;1_99\$_01“0'\ Jail Date -
.-.v'€~ 019',0\ Y/M/D Fla`r

 

Period_One MQQ_
Pe§iod Two 4 03-01;-:>.:)0'
P¢;riod Thre_e +\Q‘;`- g l, - O\_.
Period F0ur~ +O O§»- D\a" N

" Period FM___

PeriodS' m\§
Period Seven +__|:_Q_\_:{;_D:)_
A~{-&\ `l'im 8-
~Y/M/P FLATZ. MS
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Today’ s Date

20|3~0§~10 SBD_ orJail'Date -

   

ate Prom/Dem
Flaf

Date Prom/Dern _
Y/M/D Flat ' = Yr

    
 
 

 

 

=Q;.-o'~!~o.:_Y/N.r/D Flat_ =~

. Converted 504 #]jays Converted ,# Days Converted #Da_

X ¢LQ \2"'( Ratio X ‘_ °= "" j '_ X Ratio n

= 532 Good Days _= G`oo"cl jja_y_§ = §. Good Days
35§ First Class. _ ]Qay§lo§t Discipl. 333 To‘.al Good Days

+ > Second Ciass. " ` '_`___+___+_Q_ § § Total Days Lost D_iscipl.

+ ___'B.__ Third '.Class § t +__+___ =3, 53 Total Good D'a_ys__ Ean;ed

=__m;___TOfal GOO_dDays‘ ':'°Z’ . '- + += _-_-._`+

=O~! \-03 TOTAL GOOD Y/M/J_)

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Pre65th/65"‘ Cl_ass Good Timé Ratio 70"' + Class
_SmTHC, SATmC ........... . ..... 2

SATIB, SATHB, SAT']]IB, SATIV C ....... 1.833

SATIA, SATHA, SA.THIA, SATIVB ...... - _ 1.667

SAT I, SAT II, SAT m, SATIV A ............ .1.5

SATIV .................................. 1.33

LINEI C . .. .......... ~. .................... 1.16 ` .

LINEIB 1 ....... SATI,SATH,SATIH

LINEIA, LINEII C ........................ .83_3 ....... SATIV ' .

LINEI, L].NEHB.......; .................. C .667 ....... LIN '

LINEHA ................................ . "

L]N.EH .................................. .33 ....... LINEII. ..
0 ....... LINE]]I

LH\IEHIA,LH\IEIIIB,LII\IE.IIIC .............

 

