## 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-92,508-01

EX P ARTE CESAR ALONSO LEON, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 69292-01-A- WR IN THE 47 DISTRICT COURT T H F ROM P OTTE R COUNTY

Per curiam . O R D E R Applicant was convicted of possession with intent to deliver a controlled substance and sentenc ed to 12 y ear s’ imprisonment. Applicant filed this application for a writ of habea s corpus in the county of convi ct i o n , an d the district cler k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends that he is being denied due proce ss beca use he is being held pursuant to

a parole revoc ation war

rant but no parole revoc ation proce eding s have been initiated. He states that he has been in custody on the revoc ation war rant for over 145 day s but the Boa rd of Pardons and Paroles has not held a revoc ation hear ing, and he has not been indicted with a new o ff en s e. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. T E X . G O V ' T C O D E , § 508.2811;2

Ex parte Cordova, 235 S.W .3d 735, 736 (Tex. Crim. App. 2007). 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 D epar tment of Criminal Justi ce’ s Offic e of the Gene ral C o u n s el to obtain a response from a person with knowledg e of rele vant fac ts. I n developing the re cord, the trial court may use any means set out in Article 11.07, § 3(d). The response shall state whether Applicant is being h el d p u rs u ant to a parole revoc ation

war rant, and if so, the date upon which that war rant was executed. The response shall state whether Applicant has been advised of his rig hts in the revoc ation proce ss, whether he has reque sted or waived a preliminary hear ing and whether he has been aff orded a preliminary hear ing. I f Applicant is a lso be ing held on new char g es, the response shall state whether Applicant has been indicted on those cha rg es, and if so, w hen the indictment wa s returne d. I t appea rs that Applicant is repr esente d by counsel. Howeve r, if the trial court elec ts to hold

a hear ing, it shall deter

mine whether Applicant is repr esente d by couns el

. I f Ap p licant is not repr esente d by

counsel, the trial court shall determine w hether Applicant is indige nt. I f Applica nt is indige nt and wishes to be repr esente d by counsel, the trial co u rt s h al l ap p oint an attorney to repr esent Applicant at the hear ing. 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 c ourt shall immediately notify this Court of counsel’s name

. The trial court shall make findings o f fact and conclusions of l aw as to whether Applicant is r ece iving due proce ss in the parole revoc ation proce eding s. The trial c ourt may make a ny other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. The trial court shall m ak e finding s of fact and conclusions of law withi n ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s3

finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, o bjections, proposed finding s and conclusions, 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 time must be reque sted by the trial cour

t and obtained f

rom this Court.

Filed: May

26, 2021 Do not publish