## 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-92,625-01

EX P ARTE JIMMY STAMP S, App licant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 14,535A IN THE 21S T DIST RICT COURT

F ROM BASTROP C OUNTY
Per curiam . O R D E R Applicant pleade d guilty to possession with intent to deliver a controlled substance and was sentenc ed to f

ourtee n y ear s’ imprisonment. He did not appea l his conviction. Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to thi s Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant alleg es, among other things, that he is beingdenied due proce ss beca use he ha s 1 been held pursuant to a parole re vocation or “ blue” wa rra nt since hi s arr est in 2019 without being aff orded a timely revoc ation hear ing, in violation of Section 508.282 of the Texas Gover nment Code

This Court has review ed Applica nt’s other c laims and finds them to be without merit. 12

and Morri s s ey v. B r ew er , 408 U.S. 471, 92 S. Ct. 2593, 33 L
. Ed. 2d 484 (1972) (holding that a parole e is entitled to due proc ess in parole revoc ation). Applicant has alleg ed fac ts that, if true, might entitle him to relief
. Ex parte Cordova , 235 S.W .3d 735, 736 (Tex. Crim. App. 2007); Ex parte Evans , 964 S.W .2d 643, 647 (Tex. Crim. App. 1998). Acc ording ly , the rec ord should be develope d. The t ri al court is the appropr iate forum for fi n dings of fac t. Tex. Code Crim. Proc. art. 11.07, § 3(d). The trial court shall order the Bo ar d o f Pardons and Paroles' Offic e of the Gene ral Counse l to obtain a response from a person with knowledg e of rele vant fac ts. That response shall state when the revoc ation war rant was issued and executed, and whether Applicant has been char g ed with a new criminal offe nse or is being held only
on alleg ed administrative violations o f t h e conditions of his parole
. The response shall also state whether Applicant has been provided with notice of his rig hts in the revoc ation proce ss, and whether he has reque sted or waived a preliminary hear ing or a final revoc ation hear ing. The response shall state whe ther Applica

nt has bee n aff

orded a preliminary

hearing or

a fina l revoc ation hear ing. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court elec ts to hold a hearing, it shall deter mine whether Applicant is indige nt. I f Appl i ca n t is indige nt and wants to be represe nted by counsel, the trial court shall appoint counsel to repr esent him at the hear ing. See Tex. Code Crim
. P ro c. art. 26.04. I f counsel is appointed or reta ined, the trial c ourt shall immediately notify this Court of counsel' s name. T h e t ri al court shall make findings of fac t and conclusions of l aw as to whether Applicant
rec eived preliminary and final hear ings within a rea sonable time, and whether he is being aff orded due proce ss in the parole revoc ation proce eding s. The trial court may make any other finding s and conclusions that it deems appr opriate in re sponse to Applicant' s claim.3

The trial court shall make findings of fac t and conclusions of l aw within n i n ety day s from the date of this order
. The district cler k shall then immediately forwa rd to this Court the trial court' s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, m o tions, objections, proposed finding s and conclusions, order s, and transcripts from hear ings and depositions. See Tex. R. App. P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court.

Filed: May

19, 2021 Do not publish