Opinion
WR-95,253-01
12-06-2023
EX PARTE BRANDYN ALEXANDER GARCIA, Applicant
Do not publish
On Application for a writ of Habeas Corpus Cause No. 18-09-0282-CRA-A in the 218th District Court from Atascosa County
ORDER
PER CURIAM.
Applicant was convicted of unauthorized use of a motor vehicle and sentenced to four years' imprisonment. Applicant did not appeal his conviction. 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, among other things, that he is being illegally held ninth months past the maximum sentence expiration date-and for a total of two years-in the Bexar County Jail due to improper parole holds, in violation of his constitutional rights. Applicant's allegations in support include that he has not been given a timely second final revocation hearing, despite the fact that his two charges were dismissed after his first final revocation hearing and that he has not been indicted for any new offenses since.
Applicant has alleged facts that, if true, might entitle him to relief. TEX. GOV'T CODE § 508.282(a); Morrissey v. Brewer, 408 U.S. 471 (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). 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 trial court shall order the Texas Department of Criminal Justice's Office of the General Counsel to obtain a response from a person or persons with knowledge of relevant facts. The response(s) shall state when Applicant was released to parole; whether and when any parole revocation warrants were issued and executed in this case; whether Applicant was charged with any new offenses, and if so, whether any of those charges have been dismissed; and whether and when Applicant has been given preliminary and final revocation hearings.
The trial court shall then make findings of fact and conclusions of law as to whether Applicant has been afforded due process in the parole revocation proceedings. The trial court shall make specific findings as to whether Applicant has received a (second) final revocation hearing within a reasonable time, in accordance with the Texas Government Code and Due 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.