Opinion
WR-67,733-05
01-17-2024
EX PARTE RAUL YDROGO JR., Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 01-CRF-240-1-C IN THE 105TH DISTRICT COURT FROM KLEBERG COUNTY
ORDER
PER CURIAM.
After revoking Applicant's deferred adjudication community supervision in 2004, the trial court convicted Applicant of aggravated assault and sentenced him to twenty years' imprisonment. The Parole Board released Applicant to parole in 2008. The Parole Board revoked Applicant's parole in 2021. Through habeas counsel, Applicant filed an 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 complained about the parole revocation and alleged that he was denied due process and was coerced into waiving a revocation hearing. Based on the habeas record, this Court denied relief on December 13, 2023. Habeas counsel filed a suggestion that this Court reconsider the denial of habeas relief on December 28, 2023.
This Court is persuaded that additional fact finding is warranted. 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).
The trial court shall make findings of fact and conclusions of law regarding Applicant's claims that he was denied due process in parole revocation and was wrongly induced to waive a revocation hearing. The trial court may make any other findings and conclusions that it deems appropriate.
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.