## 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-91,330-01

EX P ARTE TEO DORO GA RZ A, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. D-1-D C-17-203397- A IN THE 403RD DISTRICT COURT

F ROM TRAVIS COUNTY

Per curiam . O R D E R Applicant pleade d g uilty to driving while intox icated and was sentenc ed to four 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 contends that he is being denied due proce ss in the parole revoc atio n p ro ce s s . Applicant alleg es that while out on parole he was arr ested for a new cha rge o f d riving while intox icated. A parole revoc ation war rant was issued and executed, but Applicant has been held for

more than 41 day s without a parole revoc ation hear ing and without being formally char g ed with the

new offe nse. Applicant alleg es that he did not waive his rig ht to a revoc ation hear ing. He does not2

state whether or not he has been aff orded a preliminary hear ing pursuant to Section 508.2811 of the Texas Governme nt Code. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Morrissey v. Brewer , 408 U. S 4 7 1 , 4 8 8, 92 S. Ct. 2593, 33 L

. Ed. 2d 484 (1972). Acc ording ly , the rec ord shoul d b e develope d. The trial court is t he appr opriate f orum for findings 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 Boa rd of Pardons and P ar o l es ’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 Article 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 Ap plicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint counsel t o represent 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 trial court shall make findings of f act a s to whether Applicant has been advised of his rig hts in the revoc ati o n p ro ce s s , whether he reque sted or has rec eived a preliminary hear ing, and whether he has rec eived a final revoc ation hear ing. The trial court shall make finding s of fac t as to whether Applicant was arr ested for a new offe nse, and if so, whether he has been formally char g ed with a new offe nse. The trial court shall make finding s of fac t and conclusions of law as to whether Applicant is being aff

orded due proce ss in the parole revoc ation proce ss. The trial court may make any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. 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: September 16, 2020 Do not publish