## 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-91,992-01

EX P ARTE TERRY WAYNE STARKS, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. W93-37824-J(A ) IN CRIM INAL DISTRICT COURT NO. 3

F ROM DALLAS COUNTY

Per curiam . O R D E R Applican t wa s convicted of unlawfully obtaining a controlled substance from a reg istered pharma cist. He was sentenc ed to twenty -five y ear s’ imprisonm en t

. 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 cle rk for

war ded it to this C ourt. See T E X . C O D E C R I M . P R O C . art. 11.07. After a rema

nd for finding s addre ssing Applicant’s fourth g round, the trial court found that he wa s provided one pag e of a five pag e document. The trial court concluded that this denied due proce ss insofar as Applicant, who admitted to the revoc ation alleg ations and waived a hear ing, was not g iven a written statement setting out the evidenc e relied on and the rea sons f or the revoc ation. Morrissey v. Brewer , 408 U.S. 471, 489 (1972). The trial court’s finding s are not y et supported by2

the rec ord—it is not clea

r from the “He aring /Waiver Results” document itself or the habea s rec ord whether there was a

separ ate “ Hea

ring Report” or whether the document’ s instructions meant that Applicant wa s only

provided with the fif

th pag e of the “He aring /Waiver Results” document. Acc ording ly , the rec ord should be develope d further

. 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 supplemental response from a person with knowledg e of rele vant fac ts detailing specific ally what noti ce Ap plicant was p ro v i d ed to satisfy Morrissey’s require ment of “a written statement by the fac tfinders as to t h e evidenc e relied on and the rea sons for revoking parole .” Morrissey v. Brewer , 408 U.S. 471, 489 (1972). 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 shal l d et er m ine whether Applicant is indige nt. I f Applicant is indige nt and wants to be represe nted b y counsel, the t rial court shall appoint counsel to r epre sent him a t 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 a ppointed or reta ined, the trial c ourt shall immediately notify this Court of counsel’s name

. After revie wing the supplemental response , the trial court shall deter mine exactly what documents Applicant was provided under Morrissey

. The trial court 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: May

12, 2021 Do not publish