## 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-90,829-01

EX P ARTE JOSE P H V. MARTINEZ , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 1991CR3079-W1 IN THE 227 DISTRICT COURT T H F ROM BEXAR COUNTY

Per curiam . H E R V E Y , J., not participating.

O R D E R Pursuant to the provisions of Article 11.07 of the Tex as C o d e o f Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Appli ca n t wa s convicted of ag g rava ted robber y with a dea dly

wea pon and sente nced to 35 y ear s’ imprisonment. Applicant contends that the parole revoc ation hear ing in 2019 violated due pro cess. See Morrissey v. Brewer, 408 U.S. 471 (1972). His specific alleg ations implicate his rig ht to be hear d, including the opportunity to be hear d in person and to prese nt witnesses and documentar y evidenc e, and the rig ht to confr ont and cross-e x amine adver se witnesses. Ap p l i ca n t asserts that the San2

Antonio Nar cotics Division made alleg ations ag ainst him to the Boa rd of Pardons and Paroles prior to the revoc ation hear ing and without g iving Applicant an opportunity to defe nd himself. Applicant also as s er t s that he was not cog nizant of hi s situation and was incompetent to waive his rig ht to a

revoc ation hear ing bec ause he had not rec eived medication for his debilitative disorder, “A.H.A .D.D.,” for over 48 hours prior to signing the waiver

. The trial court finds and conclude s that Applicant has not prove n his alleg ations and re commends a dismissal. Howeve r, Applicant has alleg ed fac ts which, if t ru e, m i g ht entitle him to relief

. I n these circ umstances, additional fac ts are neede d. Acc ording ly , the rec ord should be develope d. The trial court is the appropr iate forum for finding s of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). The trial court shall order the Texas Depa rtment of Criminal J ustice’s Offic e of the Gene ral Counsel to obtain a response from a person with knowledg e of rele vant fac ts. I n developing the rec ord, the trial court may use any means set out in Ar ticle 11.07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall deter

mine whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the tria l court shall appoint counse l to repr esent at the hearing

. See T E X . C O D E C R I M . P R O C . art. 26.04. I f counsel is appointed or reta ined, the trial court shall immediately notify this Court of counsel’ s name. The trial court shall make findings of fac t and conclusions of l aw as t o whether Applicant was de nied due pr ocess in the parole revoc ation proce eding s. The trial court may make a ny other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s. The trial court shall make findings of fac t and conclusio n s o f l aw within ninety 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,3

aff idavits, motions, objections, proposed finding s and conclusions, orders , and transcr ipts from hear ings and depositions. See T E X . R. A P P . 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: F ebrua

ry 26, 2020 Do not publish