## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-37,031-03

EX P ARTE P ETE EDWARD CHAN DLER, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 95-03-0019M -CR- B IN THE 97TH DIST RICT COURT

F ROM MONTAG UE COUNTY

Per curiam . O R D E R Applicant was convicted of two counts of ag g rava ted robber y and sentenc ed to twenty y ear s’ imprisonment in count I an d t h i rt y y ear s’ imprisonment in count I I

. Applicant did not appea l his convictions. Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district cle rk for

war ded it to this C ourt. See T E X . C O D E C R I M . P R O C . art. 11.07. On Aug ust 24, 2022, this Court rema nded this matter to the trial court to (1) order the Texas Depa rtment of Criminal J ustice’s Offic e of the Gene ral Counsel to obtain an aff idavit from a person with knowledg e of rele vant facts; and (2) make findings of fac t addre ssing Applicant’s cl aim that he was denied due proce ss during the parole revoc ation proce ss. The trial court has made finding s and rec ommends that this C ourt deny relief

. Howeve r, the trial court’s finding s do not a dequate ly2

addre ss Applicant’s alleg ation that he was never g iven a written statement by the fac t finders detailing the evidenc e relied upon and the rea sons for revoc ation. Whil e the trial court finds that the Hea ring Rep o rt fr o m T ex as Boa rd of Pardons and Paroles is a written repor t that sets forth the evidenc e used and rea sons for the parole revoc ation, it does not specific ally find that Applicant was g iven a c opy

of that re port or a w ritten statement with those deta ils. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Morrissey v. Brewer , 408 U.S. 471 (1972). I n t h es e ci rcumstances, additional finding s are neede d. The trial court is the appropr iate for

um for finding s of fa ct. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d) . The trial c ourt shall order the Texas Depa rtment of Crimi n al J ustice’s Offic e of the Gene ral Counsel to obtain a supplemental response from a per son with knowledg e of r eleva nt fac ts. I n developing the record, the trial cour

t may use any means set out in Article 11.07, § 3(d). I f the trial c ourt elec ts to hold a hear ing, it shall dete rmine whe ther Applica nt is indi g ent. I f Applica nt is indi g ent and wants to be repr esente d by counsel, the trial court shall appoint counsel to repr esent him at the hear ing. See T E X . C O D E C R I M . P R O C . art. 26.04. I f counsel is a ppointed or reta ined, the trial court shall immediately notify this Court of counsel’s name

. The trial court shall make supplemental finding s of fac t and conclusions of law as to whether Applicant re ceive d due proce ss in the parole revoc ation proce eding s. The trial court shall make specific finding s as to whether Applicant was g iven a written statement by the fac t finders detailing the evidenc e relied upon and the rea sons for revoc ation. The trial court may make any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claim. The trial court shall make supplemental finding s of fac t and conclusions of law within ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the3

trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff

idavits, motions, objections, proposed finding s and conc l u s i o ns, order s, and transcr ipts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of ti m e m u st be reque sted by

the trial cour

t and obtained f

rom this Court.

Filed: Nove mber 23, 2022 Do not publish