## 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 NOS. WR-92,955-01 AND WR-92,955-02

EX P ARTE ANTONIO REY DELATO RRE, Appli cant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. B-07-2198-0-CR- B-2 AND B-07- 2197-0-CR -B-2

IN THE 156T H DISTRICT COURT F ROM BEE COUNTY

Per curiam . O R D E R Applicant pleade d g uilty in the -01 case to two counts of delivery of a controlled substance, three counts of enga g ing in org anized crimi n al ac t i v i t y , one count of poss ession of a firea rm by a felon, a nd one count of delivery of a controlled substanc e. On the sa me date, he pleade d g uilty in the -02 case to one count of possession with intent to de liver a controlled substance, two counts of eng ag ing in org anized criminal activity , and one count of delivery of a controlled substance. I n the -01 case , Applicant rec eived four ten-y ear sentenc es and two fiftee n-y ear sentenc es, and in the -02

case he rec eived two fiftee n-y ear sentenc es, o ne ten-y ear sentenc e, and one two-y ear state jail

s en t en ce. The sentenc es in all counts of both indictments wer e order ed to run concur rently

.2

Applicant did not appea l his convictions. Applicant filed these application for writs of habea s corpus in the county of convi ct i o n , and the district cler k forwa rded them 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 ha s not been a ffor ded a timely parole revoc ation hear ing in these case s. Applicant has alleg ed fac ts th at , i f t ru e, might entitle him to relief

. Tex. Gov’t Code §508.282. 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 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 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 sha ll determine whe ther Applica nt is indi g ent. I f Applica nt is indi g ent and wa

nts to be repr esente d by counsel, the trial court shall appoint counsel to repr esent 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 when Applicant was arr ested, and whether Applicant was arr ested pursuant to a parole revoc ation war rant, or for a new criminal offe nse or offe nses. I f Applicant was

arr ested for a new criminal offe nse or offe nses, the response shall state whether Applicant has been indicted for or otherwise formally char g ed with a new offe nse or offe nses. The response shall also state whether Applicant was advised of his rig hts in the parole revoc ation proce ss, and whether he reque sted or waived a preliminary or final revoc ation hear ing. I f Applicant did not waive his rig hts to such hear ings, the response shall state whether Applicant has been aff orded a preliminary or final

revoc ation hear ing.3

The trial co u rt shall make findings of fac t and conclusions of l aw as to whether Applicant is being aff

orded due proce ss in the parole r evocation procee dings. The t rial court may make any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. T h e trial court shall make findings of 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, orde rs, 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: Aug ust 25, 2021 Do not publish