## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NO. WR-36,036-03

EX P ARTE RUBEN NAVARR O, Appl icant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 1993CR4509B IN THE 226T H DISTRICT COURT

F ROM BEXAR COUNTY
Per curiam . O R D E R Pursuant to the provisions of Ar t i cl e 1 1
. 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 convic t ed o f m urder and sentenc ed to thirty -five year s’ imprisonment. Applicant alleg es the B oard of Pardons and Par oles relied on perjure d testimony to revoke Applicant’s parole
. Applicant further complains the Boa rd of Pardons and Pa

r o le s d e n ied the reque st for rehe aring , which denied Applicant due proce ss of law in the revoc ation proce eding s. Applicant has provided a

n aff idavit from the complainingwitness, rec anting Applicant’s pa rticipation in the2

ag g rava ted assault; the sole alleg ation used to revoke Applicant’s parole
. Applicant has alleg ed fac ts that, if true, might entitle him to relief
. Ex parte Carmona, 185 S.W .3d 492 (Tex. Crim. App. 2006). We believe that in rec antation case s such as this one, befor e we make the important d ec ision of whether Applicant is en t i tled to relief , the record should be more fully develope d. The trial court shall t here fore conduct a live evidentiar y hear ing on the matter at which the complainant shall be called to testify
. Notice of the hear ing and an opportunity to testify shall be g iven to those persons who par ticipated in the par ole re vocation proc eeding
. I t appea rs that Applicant is repr esente d by counsel. The trial court shall deter mine whether Applicant is repr esente d by counsel, and i f n o t , wh ether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall appoint an attorney to repr esent Applicant at the he aring . T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make fi n d i n gs as to the cre dibilit y of the complaining witness’
rec antation. The trial court shall enter finding s of fac t as to the cre dibilit y of eac h witness. The trial court shall also enter finding s of fac t as to whether Applicant’s parole wa s re v oked solely on the basis of perjure d testimony and as to whether Applicant is entitled to relief
. The trial court shall also make find i n gs as to whether the State is prejudice d by Applicant’s delay in prese nting this claim under the doctrine of lache s. The trial court s h al l al s o make any other finding s of fac t and conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s claim for habea s corpus re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of this order
. A s u p p l emental 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 hear ing or3

deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court within 120 day s of t he date of this order. A ny extensions of ti me shall be obtained f

rom this Court.

Filed: Dec ember

10, 2014 Do not publish