Opinion
NO. WR-91,636-01
09-16-2020
EX PARTE DANIELLE DAVILA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 15-1104-CR-A-A IN THE 25TH DISTRICT COURT FROM GUADALUPE COUNTY Per curiam. ORDER
Applicant was convicted of engaging in organized criminal activity and sentenced to six 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 she is being denied due process in the parole revocation process. Applicant alleges that while out on parole she was arrested for a new misdemeanor charge, but no information or indictment has been filed. A parole revocation warrant was issued and executed, but Applicant has been held for more than 41 days without a parole revocation hearing and without being formally charged with the new offense. Applicant alleges that she did not waive her right to a revocation hearing.
Applicant has alleged facts that, if true, might entitle her to relief. TEX. GOV'T CODE Sec. 508.282; Morrissey v. Brewer, 408 U.S 471, 488, 92 S. Ct. 2593, 33 L. Ed. 2d 484 (1972). 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 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). It appears that Applicant is represented by counsel. If the trial court elects to hold a hearing, it shall determine if Applicant is represented by counsel, and if not, whether Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the trial court shall appoint counsel to represent her at the hearing. See TEX. CODE CRIM. PROC. art. 26.04.
The trial court shall make findings of fact as to whether Applicant has been advised of his rights in the revocation process, whether she requested or has received a preliminary hearing, and whether she has received a final revocation hearing. The trial court shall make findings of fact as to whether Applicant was arrested for a new offense, and if so, whether she has been formally charged with a new offense. The trial court shall make findings of fact and conclusions of law as to whether Applicant is being afforded due process in the parole revocation process. 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: September 16, 2020
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