IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 14935(A)(2) IN THE 329TH DISTRICT COURT
FROM WHARTON 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 money laundering and sentenced to three (3) years' imprisonment.
Applicant contends that he was denied adequate notice that he would be considered for release on mandatory supervision by the Texas Board of Pardons and Paroles on September 8, 2006.
On December 13, 2006, this Court remanded this application to the trial court for findings of fact and conclusions of law. On January 30, 2007, the trial judge entered an order finding that applicant received insufficient notice of his upcoming review for mandatory supervision. The trial judge ordered that the Texas Board of Pardons and Paroles grant Applicant another hearing on mandatory supervision. However, there is still not sufficient information in the record to determine whether Applicant's due process rights have been violated by the failure to notify him that he would be considered for release on mandatory supervision on September 8, 2006. See Ex parte Retzlaff, 135 S.W.3d 45 (Tex. Crim. App. 2004).
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 Board of Pardons and Paroles to file an affidavit listing the date on which Applicant was notified of his September 8, 2006, review for release on mandatory supervision.
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: March 21, 2007
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