IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. CR-96-461-A IN THE 22NDJUDICIAL DISTRICT COURT
FROM HAYS COUNTY
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 pleaded guilty to tampering with a governmental record, and was sentenced to twelve years' imprisonment.
Applicant contends inter alia that his mandatory supervision was improperly revoked on the basis of his failure to take a polygraph to determine the need for sex offender counseling, and his refusal to be evaluated for sex offender counseling. Applicant alleges that he has no prior convictions for sex offenses, and that it was therefore improper to impose such requirements as conditions of his mandatory supervision. 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. 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), in that it may order the Texas Department of Criminal Justice, Institutional Division to file an affidavit stating whether Applicant has ever been convicted or adjudicated guilty of a "reportable" offense as defined by Article 62.001(5) of the Texas Code of Criminal Procedure. The trial court may also order depositions, interrogatories or a hearing. In the appropriate case, the trial court may rely on its personal recollection. Id. If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Application 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 has ever been convicted or adjudicated guilty of a "reportable" offense as defined by Article 62.001(5), and if so, the trial court shall supplement the habeas record with copies of the indictment(s) and judgment(s) in any such cause(s). If Applicant does not have a prior "reportable conviction," the trial court shall make findings as to whether there was a sexual component to any of Applicant's prior or current offenses. The trial court shall make findings as to which condition(s) of mandatory supervision were allegedly violated by Applicant, resulting in the revocation of his mandatory supervision. If Applicant's mandatory supervision was revoked for failing to comply with conditions related to sex offender treatment, the trial court shall make findings as to why sex-offender related conditions were imposed in Applicant's case. 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: December 20, 2006
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