Opinion
NO. WR-29,499-08
05-17-2017
EX PARTE ARTHUR WATERS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 4-89-110-D IN THE 114TH DISTRICT COURT FROM SMITH COUNTY Per curiam. ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated robbery and sentenced to thirty years' imprisonment.
Applicant contends, among other things, that he was denied a written statement by the factfinders as to the evidence relied on and reasons for revoking parole. The record contains two pages of a document titled "Hearing/Waiver Results." The document reflects the basic facts about Applicant's conviction, the allegation, and the results of the hearing.
Applicant has alleged facts that, if true, might entitle him to relief. In these circumstances, additional facts are needed. Morrissey v. Brewer, 408 U.S. 471, 489 (1972). As we held in Ex parte Rodriguez, 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 addressing the issue of whether Applicant was provided a written statement following his revocation in accordance with due process.
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 make supplemental findings of fact and conclusions of law addressing Applicant's claim in view of the General Counsel's response. If the Applicant was provided a written statement, the court shall make findings as to whether it satisfies due process. 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.
This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be forwarded to this Court within 120 days of the date of this order. Any extensions of time must be requested by the trial court and shall be obtained from this Court. Filed: May 17, 2017
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