IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-29,351-08 & 29,351-09
EX PARTE JIM HERBERT HAMILTON, JR., Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 9408328-C & 9408329-C IN THE 248TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. KELLER , P.J., and KEASLER , J., dissent.
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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of indecency
with a child and sexual assault and sentenced to five years’ imprisonment in each case. He did not
appeal his convictions.
Applicant contends, among other things, that he is entitled to relief under Article 11.073 of
the Code of Criminal Procedure.
Applicant has alleged facts that, if true, might entitle him to relief. TEX . CODE CRIM . PROC.
art. 11.073; Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). In these
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circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294
(Tex. Crim. App. 1960), 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).
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 him at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make further findings of fact and conclusions of law as to whether
Applicant has met his burden under Article 11.073 and is entitled to relief. 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. 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 forwarded to this Court within 120 days of the date of this order. Any extensions of time must be
requested by the trial court and shall be obtained from this Court.
Filed: October 18, 2017
Do not publish
HAMILTON, JIM HERBERT Jr.
Combined Opinion