Opinion
WR-10,254-05
07-31-2024
EX PARTE STEVEN RAY ROBERTSON, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 281541-D IN THE 178TH DISTRICT COURT FROM HARRIS COUNTY
ORDER
PER CURIAM.
Applicant was convicted of aggravated robbery and sentenced to life imprisonment. The Fourteenth Court of Appeals affirmed his conviction. State v. Robertson, No. C14-81-054-CR (Tex. App.-Houston[14th], November 27, 1985). 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 was denied due process at his parole revocation hearing. He alleges that the Board of Pardons and Paroles: refused to inform him of the accusations against him; refused to let him represent himself at the revocation hearing; denied him compulsory process of witnesses, subpoena ability, and the right to confront and cross-examine witnesses in person; and refused to allow him to enter testimony into the record. Further, Applicant contends that revoking his parole based on his failure to pay monthly fees was unconstitutional. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Retzlaff, 135 S.W.3d 45 (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 trial court shall order the Board of Pardons and Paroles'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 trial court shall make findings of fact and conclusions of law as to whether Applicant received due process at his parole revocation hearing. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claim.
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.