IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 229074 IN THE 297TH DISTRICT COURT
FROM TARRANT 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 was convicted of burglary of a building and sentenced to forty (40) years' imprisonment.
Applicant contends that he is being erroneously classified as a sex offender because he has never committed or been convicted of a sex offense.
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), including ordering affidavits from the appropriate officials of the Texas Department of Criminal Justice - Correctional Institutions Division and Parole Division. 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 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 this application is barred as a subsequent application. See Tex. Code Crim. Proc. art. 11.07, Sec. 4 (a) (1), (c) (Vernon 2006). If the application is not barred as a subsequent application, the trial court shall make findings as to whether Applicant has ever committed or been convicted of a sex offense. If he has not, the trial court shall make findings as to whether Applicant is being classified as a sex offender, and if so, why. 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 13, 2006
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