IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. W91-40014-I(A) AND W91-58331-I(A) IN THE CRIMINAL DISTRICT COURT NO. 2FROM DALLAS 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 these applications for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of robbery and sentenced to twenty (20) years' imprisonment on each count.
Applicant contends inter alia that the Board of Pardons and Paroles revoked his parole because he violated certain sex registration requirements. Applicant alleges that he should not have been required to register as a sex offender as he has not been convicted of a reportable 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), in that it shall order the Office of General Counsel of the Texas Department of Criminal Justice to obtain affidavits and documentation from the appropriate TDCJ officials concerning the merits of Applicant's claims. Specifically, it is necessary to find out: (1) whether Applicant has any reportable sex offense convictions as defined by Article 62.001(5) of the Texas Code of Criminal Procedure; and, (2) whether Applicant's parole was revoked because he failed to comply with sex registration requirements.
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 Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing. Tex. C ode Crim. Proc. Art. 26.04.
The trial court shall make findings of fact as to whether Applicant has a reportable sex offense conviction as defined by Article 62.001(5) of the Texas Code of Criminal Procedure. Also. the trial judge shall make findings of facts was to whether Applicant's parole was revoked because of violations of conditions relating to the sex offender registration requirements. 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.
These applications 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 19, 2008
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