Opinion
NO. WR-34,095-29
06-24-2020
EX PARTE ANTONIO SEPEDA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 87-7-7635-G IN THE 24TH DISTRICT COURT FROM DE WITT COUNTY
Per curiam. ORDER
Applicant pleaded guilty to robbery and was sentenced to forty years' imprisonment. He 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 was not afforded a hearing before the revocation of his mandatory supervision. Applicant has alleged facts that, if true, might entitle him to relief. Morrissey v. Brewer, 408 U.S. 471, 92 S. Ct. 2593, 33 L. Ed. 2d 484 (1972); TEX. GOV'T CODE §508.281. 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).
This Court has reviewed Applicant's other claims and finds them to be without merit. --------
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). 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 was afforded due process in the revocation of his mandatory supervision, including a hearing if Applicant was entitled to such a hearing and did not waive his right to such a hearing. 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: June 24, 2020
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