Opinion
WR-94,627-01
04-05-2023
EX PARTE JASON RICHARD EIDAM, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR21-0856-392A IN THE 392ND DISTRICT COURT FROM HENDERSON COUNTY
ORDER
PER CURIAM
Applicant was convicted of possession of a controlled substance and sentenced to 3 years' imprisonment. 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 is being improperly subjected to sex offender conditions of parole. He alleges that he has not been provided with due process before the imposition of such conditions. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Evans, 338 S.W.3d 545 (Tex. Crim. App. 2011). In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 169 Tex. Crim. 367, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact.
The trial court shall order the Texas Department of Criminal Justice's Office of the General Counsel to file an affidavit detailing Applicant's history of parole and mandatory supervision releases and revocations. The affidavit shall state whether Applicant has been subject to the imposition of sex offender conditions for any previous or current period of supervised release. The affidavit shall state whether Applicant has ever been convicted of a sex offense. If Applicant has not been convicted of a sex offense, but has been subject to the imposition of sex offender conditions, the affidavit shall state whether Applicant was afforded (1) written notice that sex offender conditions may be imposed as a condition of parole or mandatory supervision; (2) disclosure of the evidence being presented against him to enable him to marshal the facts asserted against him and prepare a defense; (3) a hearing in which he was permitted to be heard in person, present documentary evidence, and call witnesses; (4) the right to confront and cross-examine witnesses, unless good cause was shown; (5) an impartial decision maker; and (6) a written statement by the factfinder as to the evidence relied on and the reasons it attached sex offender conditions to his parole or mandatory supervision. The affidavit shall state the reasons for the revocation of any prior period of supervised release.
The trial court may also order depositions, interrogatories or a hearing. In the appropriate case, the trial court may rely on its personal recollection. 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 first supplement the habeas record with copies of the written conditions of release for any prior or current periods of parole or mandatory supervision, as well as all written documents pertaining to the revocation of any such periods of parole or mandatory supervision. The trial court shall make findings of fact and conclusions of law as to whether Applicant has previously been or is currently subject to sex offender conditions of parole or mandatory supervision, and if so, whether he has ever been convicted of a sex offense. If Applicant has not been convicted of a sex offense but has been or is currently subject to sex offender conditions, the trial court shall make findings and conclusions as to whether Applicant has received due process before the imposition of such conditions. 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.
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.