IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,388-01
EX PARTE ERNEST WELTON BELLOTTE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-95-952572-A IN THE 299TH DISTRICT COURT
FROM TRAVIS COUNTY
Per curiam.
ORDER
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 indecency with
a child by contact and sentenced to seventeen years’ imprisonment.
Applicant alleges, among other things, that his parole was revoked without notice of a
hearing and without the opportunity to present witnesses. Applicant has alleged facts that, if true,
might entitle him to relief. Ex parte Williams, 738 S.W.2d 257 (Tex. Crim. App. 1987). 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.
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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 and/or the Texas Department of Criminal
Justice, Institutional Division to file an affidavit listing Applicant’s sentence begin date, the dates
upon which Applicant was released to any period of parole or mandatory supervision, and the dates
of the issuance of any revocation warrants leading to the revocation of such parole or mandatory
supervision. The affidavit should also state whether Applicant was afforded a parole revocation
hearing, and if not, why not.
The trial court may also order depositions, interrogatories or a hearing. 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 as to whether Applicant received a parole revocation
hearing prior to the revocation of his parole, and if not, why not. 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.
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Filed: January 27, 2016
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