Opinion
NUMBER 13-17-00300-CV
06-23-2017
On Petition for Writ of Habeas Corpus.
ORDER
Before Justices Rodriguez, Contreras, and Benavides
Per Curiam Order
Relator D.G., proceeding pro se, filed a petition for writ of habeas corpus in the above cause through which he contends that he has been wrongfully imprisoned. Relator asserts that he was adjudicated delinquent in 1997 and ordered committed to the Texas Youth Commission. Relator contends that he was transferred to the Texas Department of Criminal Justice without the benefit of a court-ordered transfer hearing and has been incarcerated since that time. This Court requested and received a response to the petition from the State of Texas, acting by and through the County and District Attorney for Cameron County, Texas. The State requests that we abate this original proceeding and remand it to the trial court on grounds that the writ should be presented to the trial court so that it can assess the merits of relator's complaints.
Accordingly, we ABATE and REMAND this original proceeding. Upon remand, the trial court shall cause notice of a hearing to be given and, thereafter, conduct a hearing, which may be evidentiary in nature, to determine whether relator's contentions have merit. The trial court shall also determine whether relator is indigent and entitled to the appointment of counsel. If the trial court determines that relator is indigent and entitled to court-appointed counsel, the trial court shall appoint counsel to represent relator in this original proceeding. If counsel is appointed, the name, address, telephone number, email address, and state bar number of the appointed counsel shall be included in the order of appointment. The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, along with a reporter's record of any proceedings, to be filed with the Clerk of this Court on or before the expiration of thirty days from the date of this order.
IT IS SO ORDERED.
PER CURIAM Delivered and filed this 23rd day of June, 2017.