IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,044-01
EX PARTE QUIRINO TORRES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. B-18-2189-0-CR-B-1 IN THE 156TH DISTRICT COURT
FROM BEE COUNTY
Per curiam.
ORDER
Applicant was convicted of felon in possession of a firearm and sentenced to five years’
imprisonment. The Applicant did not file a direct appeal. Applicant filed this application for a writ
of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See
TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends that he has been arrested on new charges and is being held on a parole
pre-revocation or “blue” warrant without being provided a final revocation hearing. Applicant has
alleged facts that, if true, might entitle him to relief. TEX . GOV ’T CODE § 508.282; Ex parte Spann,
132 S.W.3d 390 (Tex. Crim. App. 2004). Accordingly, the record should be developed. The trial
court is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The
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trial court shall order the Texas Department of Criminal Justice’s Office of the General Counsel to
obtain a response from a person with knowledge of relevant facts. In developing the record, the trial
court may use any means set out in Article 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 wants to be represented
by counsel, the trial court shall appoint counsel to represent him at the hearing. See TEX . CODE
CRIM . PROC. art. 26.04. If counsel is appointed or retained, the trial court shall immediately notify
this Court of counsel’s name.
The response shall state whether Applicant is being held pursuant to a parole revocation
warrant, and if so, the date upon which that warrant was issued and executed. The response shall
state whether Applicant has been advised of his rights in the revocation process, whether he has
requested or waived a preliminary hearing and whether he has been afforded a preliminary hearing.
If Applicant is also being held on new charges, the response shall state whether Applicant has been
indicted on those charges, and if so, when the indictment was returned. The trial court may make
any other findings and conclusions that it deems appropriate in response to Applicant’s claims.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP. P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: October 27, 2021
Do not publish
Torres, Quirino
Combined Opinion