## 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-92,056-01

EX P ARTE BRADLEY MICHAEL WHE ELE R, Applicant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 17586A IN THE 12T H DISTRICT COURT

F ROM G RIMES COUNTY
Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of 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). Applicant was convicted of possession with intent to deliver a controlled substance and sent en ce d t o imprisonment. He was later rele ased to parole
. Whil e on parole , Applicant allege s that he was arr ested in Be x ar County for driving while intox icated, and he bonded o u t o f t he county jail. A parole revoc ation (a/k/a “blue”) war rant was later e x ecute d, and Applica nt was ar rested a nd held in the B exar County J ail on the bl ue wa

rra nt. Acc ording to Applicant, throug h habea s counsel, the new driving while intox icated char g es have2

never been filed, and he is still being held in the county jail pursuant to the blue war rant but has not
rec eived a parole revoc ation hear ing, althoug h he has repe atedly reque sted one. See T E X . G O V ’ T C O D E 508.282(a) (1)( A)-( B)
. Applicant has alleg ed fac ts that, if true, might entitle him to relief
. In these circ umstances, additional fac ts are ne eded. A s we he ld in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate forum for f indings of f

act. In this c ase, the trial court
rec ommended that relief be denied, stating that Applicant should ha ve filed his ha

beas application in Be x ar County , wher e Applica nt is being held pursuant to the bl ue warra nt. Howeve r, pursuant to Article 11.07, section 3(b) of t he Tex as C ode of Criminal Procedure, an ap plication for writ of habea s corpus must be filed with the clerk of t h e co u rt in which the conviction was obtained, and the cler k shall assig n the application to that c ourt. Applicant’s conviction was obtained in the 12 t h District Court of Grimes County , and his application was proper ly filed in that county
. The trial court shall order the Texas Depa rtment of Criminal J ustice’s Offic e of the Gene ral Counsel to file an affi d av i t ad d re s sing the issue of whether the Parole Boa rd is timely providing Applicant with a parole revoc ation hear ing. The trial court shall make finding s of fac t and conclusions of law as to Applicant’s claims, and the trial court may make any other finding s of fac t and conc lusions of law that it deems re levant. This application will be held in abeyance until the trial court has resolved the fac t issues. The i s s u es s h al l be resolved within 90 day s of this order
. A supplemental transcr ipt containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to this Court withi n 120 day s of t he date of this order. A ny extensions of ti me must3

be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: Dec ember

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