## 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-91,293-02

EX P ARTE ELROY T OMP KIN S, JR., Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 15-09-15387A IN THE 506TH DIST RICT COURT

F ROM WALLER COUNTY

Per curiam . O R D E R Applicant plea ded g uilty

to unlawful possession of a f irea rm by a felon and was sente nced to five 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 this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant conte nds that he is being denied due proce ss be cause is be ing he ld pursuant to a parole revoc ation war

rant, which is preve nting him from bonding out on a new char g e, but no parole

revoc ation proce eding s have b een initi ated. Applicant has alleg ed facts t hat, i f t rue, might entitle him to relief

. T E X . G O V ' T C O D E , § 508.2811; 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 forum2

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 facts. I n developing the record, 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 hear ing, it s h al l d eter mine whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint counsel t o re p re s ent 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 appointed or reta ined, the trial court shall immediately notify this Court of counsel’s

name. The response shall state whether Applicant is being held p u rs u an t 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. The trial court shall make findings of fac t and co n clus ions of l aw as to whether Applicant is r ece iving due proce ss in the pa role re vocation proc eeding s. The trial c ourt 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 findings o f fac t and conclusions of 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, aff idavits, motions, objections, proposed finding s and conclusions, order s, and transcr ip t s 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 sted3

by the trial cour

t and obtained f

rom this Court.

Filed: September

16, 2020 Do not publish