l 7 sTE\/E`.“J D. GILBERT # 42364»5 ij ’5%~ 161 1 20

TDCJ-ID ELLIS UNIT
1687 FM 980 Rd;
Huntsville, Texas 77343

January 281 2015

TO: ' 4 Re: Habeas Corous Writ
' ' 17,545-19 and
THE COURT OF CRIMINAL APPEALS 171 545_20

ABEL ACOSTA, CLERK
P.O. BOX 12308
CAPITOL STATION
USTIN, TEXAS 78711

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, »

Thank you kindly, I do

§teven D"'Gilbert #423646

cc:files
CCA Clk.

PECE|\IEDMWLS IN

©OUHTOFCRMNALAPPEALS
FEB 0 4 2015

Abet Acosta, Clerk'

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

ax PARTE y §m _»'1.
sTE"vEN DWAYNE GILBERT. ~ .¢- _ 1 ' ‘»#
APPLICANT , n § q TRIAL NO. 6754-1,6755'
' ccA No. wR- 17, 545- 19 and
§ 17, 545- 20
APPLICANT'$ oBJECTIoN To THEm , 5 _ q

TRIALCCOURT'S FINDINCS OF FACT
AND CQNCLQ§IONS»OF#LAW :' ‘

 

cr nr:"“w

x \" f

..» _. .4`-1~

TO THE JUDGES OF THE "‘\)UR'11 OF FRIWIN L §QPE§LS ::

rz ~ r'fé x.)<; - »

COME§ NQW,_ App]icant. Gilbert, who~brought~this~habeas~'
corpus writ‘pursuant to articleill.07'V.A»C.C;P:r'and on
August 14, 20l4i,the state responded\by~stating that nothing
was wrong wi. th aopl1canl susentence-~ The trial court adopted
the_stat§ s argument and ,ecommended tha-; the writ be.denied.
On Octooer l§,F2014h+tha,Qourt.of;Criminal Appeals remanded the,‘
habeasdwrit;pac§@t@tthe;trial¢comntgafter¢deciding~thatithe*
claim, ifwtruey,mightzentitle,apgliaant to releif, and ordered
the trial court to make_axfinding and~conclusion'as.to theY`
claim by applicant that he had heenwdenied FlatyTime Creditsw
for time span in jail pursuant to preq revocation parole
varrants. On January 27, 2015, the trialcourt issued it's
findings aid :onclusions clalmlno that it_found no unresolved
issue with the calculation of aopl1ca11' sentence and the
trial court again re§ommende d that the habeasyw§}$ be denied.

APPLICANT'S OBJECTION

Applicant objects to the findings and conclusions by the

trial court whereas applicant states that the trial court has

made a misapplication of the facts in this habeas writ.

"(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
ursuant to an issuance of a pre-parole revocation warrant.
See Ex Parte Canada, 754 S.W“ 2d 660.j 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 TDCJ=ID. 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 flat time credits?
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 TDc.:r-ID. ' `

Secondlv, applicant presented a "Manuel Calculation Time
Print-out Form". That 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
recor’s 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 2

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. lf 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 ;

Attached to this objection applicant is presenting the
(A) TIME RECORD SHEETFFROM TDCJ"ID (B) AND THE MANUAL TIME
CACULATION FORM_SHEET. d

PURPOSE OF THE EXHIBITS :

Thes e exhi`oits 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 tor. The Manuallime Caculation Form will
show how much 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
sentence, and that if so orderedy applicant would be released

. . §
to mandatory supervision parole pursuant to law

Re ectfuliy‘submitted,
d/f§§§§l¢§li;i;::£il£;;&§
“Steven D. Gilbert 423646

D.Bv Ellis Unit

1697 FM 980
Huntsville; Texas 77343

NOTARY
I, STEVEN D. GILBF RT Tdcj- -Id No. 423646, do hereby declare
under the penalt .y of perjury that the above is true and that I

signed the sa.ne on this \S¥-day of §bkya 35 , 2015=

/§5§3»»> fslil>@ds

Applic ant Pro Se

UNITC DPY _ `T.D.C.J.-INSTITUTISNAL UIVISION _ 05/02/2014-106

~"1Ts¢10952 - '- _ INMATE TI'~:E_sl_IPsv
GILBERT, sTEvEN _ ~~ Tnc: 00423646 srn. 03695'805 uNIT. E~ ;
HausINs/BED. `H-19-2 11 ..

' aePRJ-REL-DATE= 06 05 2016 11/:~.>'<- -ExP- DATE. \_ 01 28 2020 4;__

aeINMATE sTATus=- _ 11 ' MAX TERM 50 00_ 0'0 ‘

LAT TIME cREDI_.TEl_J_ w cALc BE@IN DATE= '01 13 1986
soon TIME cREDI_T = ' 1 1 Tnc.REcEIvE'DATE= 06 06 1906
soon YIME 41_"0$1'._:, " 0

BONUS TIME CREDITED¢ 1 04 18 ._
WORK TIME.CREDITED$ 0 00 00 _WDRK TIME LDST£ " 0
XTDTAL TIME CREDITED: 26 06 02 - b ~ j

xsTATus.EF'FEcT DAT"E= 01 10‘2013 . JAI-L suon_TIME REcEIvED= YEs

DEc: ' Q¢:c=.

PARDLE.DATA:-SUBMITTED FDR BDARD REVlEW

_;1(4:21¢~.4 SoPFQR-KCA 451 `141& &\/?66166 PRSM>
191116.1 3 1:1,\+ 616 661 13 `143~1 14 63 446 1161
466 36 413 36 1166 36643666 1166 341126 3 1643 61\1>4;1011416
Ag eF 4\/4¢\41 3~ _&G\Ll A QA\QQ4A~44U 354466`|‘46\6 /41>1>446664
31>€114 mgm/6694 311 T<41Lj 164 44¥15'61\,3 44\6 4-;\1§614 11164644111\66
446 __ 3664 46 11465 PR6\266 441/6 416 46#© 664 45661\ 44`1\1€11 AL`L
154/14 166 666:4°46 “1‘1>“11 446 94 m¢\44\3 61044441 @=1=44\1\6 441 635

In@ARQ§p\/\M en 46E4114AT~ of -44~16 K\GW\%R61)3 PAR@I 6 wARR/m¥$ q
411 FAP4~£ &AnACLA `15“4 5 444
161 1100 416 CR=»»APP~)

 
  

~\.r.-..'..
"".`~

,i

 

 

Projzcted Release Date/Multiple Releases

' FIAT TH|£!'E
Period One `

`l°lq`O:- O?>"\S' Released

-Ij'?>Lp-‘ 01-13 SBD'

' =og..og,~o)` Y/M{D Fiat
Period Four `
101 \..g'o# 13 Released_
-&03$-5_?=~9~'°\ Jail Date '
=Oh¥OLv'f l";! Y/M/D Flat`

iod Si§

 
 
  
 

 

Released 3
Jail Date
Y/M/.D Flat

GUOD I_‘_LME (Start with SBD 1fPre-65th or 1f never released tQ parole/MS. )

Period Two

MO- OLQ * IlRe leased `

_ -Hj<)- %~3 Aolaili)ate

=Q_DF?L_QQ~_ YMD Flaf

_ °od Five

 
 
 
 

 

Released
Jail Date

_.-_ ~' #Y/_i\/i/D-Fiac'

-_ Pgriod _Seven

MToday’ s Date

' -;_.2\ 22~ o\-l.G .Tail Date

= 0\¥- c>'~l ~ .;u-. Y/M_/D Fiac

Conv

 

Legi.s'lature: Q§_"u'\
First Classiiication: bj=. Sec dClassii"`ication:____

,;;Q\‘-{-o.w'f>l §ri:ss.-E\;d §
-20|3-0!¢-10 SBD or Jail'Date

Class. End`

  
  
  

Y/M/D F]at

Offender Name: 64 UOW S)d'p€/\
' »7-#0<:)‘ ‘»[Qécéii\@'

Period Three

SCI)’I- ®»~_0@ Released __
_;99130‘5»01 Jaii pate .-
=o'§- o\r,O\ Y/M/D mar

 

 

erted, 1fnecessary-

Date Prom/Dem _
_ z Y`

Period_One 03 .- 0 l- OJ-
Pei'iod Two + Oj- 0 L'- ‘).2.-`
P§iiod Thre¢+_n§~_ m, - 0\..
Perioch§ur4 +03- D\a" N

" Period Five\§ .. .

Per`iod six

Period Seven __L.@_\_,|.._$`)..+
A-(-hl `f§m &
~ d"_/-c~3

C,\\wixw! w
- ‘Jma<b¢ao\‘}

 

  
 

Third .
. Today’s Date_

ate Prom/Dem

 

   
   

 

 

=Q|..oq-a;)_Y/M/D rjlac\ =~
. Converted 601 # Days Converte_d _# Days Converted

x .Lo left Raiio X quib"

= 532 Good DaYS f-' Gb_¢')"cl ijay_s 7 ' = .. Good Days

235§ First Class. _]Qay§io§tDiscipl. 333 Total Good Days
+ .> second ciass. ` "+ o +’D , g Toral Days_LoscD_'iscipi
+ \ Third~class. _ " `+° '+ . =~333 Tot_al Goodi°)iiquamed
=Bgz<g Total GoodDay§ "3’ ' "+ , g -`"'+ _=-’O-! l ~OB TOTAL GOOD Y/l\I/.D

=l==l==1:=1=a==i=*=x==x==s****a=**=x=x*=i*v<$i=****i==i=**i~*=i==i==x==r=x=='==v=x=*=i==x==i=k=x=****=x==i==x=a=**=x=**=i=**a=>.~*>.<=x=**>i~s.<=i*).=
P_r___e65th/6‘i”‘ Class Good Tz°mé Ratz’o , 70"‘ + Class

SIIIC, SATIIC, SATIUC ........... _ ..... 2

SATIB, SATHB, SATI]IB, SATIVC ....... 1.833

SATI A, SATHA, SATHIA, SATIVB ...... ~ _ -1.667

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

SAT IV .................................. 1.33

LINE I C . .. .......... ~. .................... 1.16 ' .
LINEIB......-..._......................;§ 1 ....... SATI,SATH,SATIH
LINEIA, Ll'NEII C ........................ .833 ....... SATIV
LmEILmEnB.......; .................. C@

L]NE 11 A ................................ . "

L]NE 11 .................................. .33 ....... LINE II . ' ..

0 ....... L]NE m

LINEIIIA,L]NEIIIB,LD\IE.IIIC .............

 

