## 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-91,627-01

EX P ARTE MICHAEL ST ARK , Appli cant

ON AP P LICATION FOR WR IT OF HABEAS CORP US CAUSE NO. 15,298A IN THE 21 DISTRICT COURT ST F ROM BASTROP C OUNTY

Per curiam . O R D E R Applicant was convicted of burg lary of a habitation and sentenc ed to 7 y ear s’ imprisonment. Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district clerk f

orwa 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, following his rele ase to parole , he was arr ested “by police war rant”

on an alleg ed offe nse. He aver s that he has been in custody on a pre- revoc ation hold that the Boa rd of Pardons and Paroles place d over 13 months ag o, but he has not been aff orded revoc ation hear ings. See T E X . G O V ’ T C O D E §§ 508.254, 508.282; see also Morrissey v. Brewer, 408 U.S. 471, 485 (1972). Applicant has alleg ed fac ts that, if true, might entitle him to relief

. 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 is2

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 Boa

rd o f Pardons and Paroles’ Offic e of the Gene ral Counsel to obtain a response from a person with know ledg e of re levant fa cts. The tria l court shall also state whe ther Applica nt is in custody on a revoc ation alleg ation that he committed an offe nse. T E X . G O V ’ T C O D E § 508.282(a) (1). Additionally , the court shall state whether Applicant is in custody on pending char g es. 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 in d i gen t

. I f Ap plicant i s indige nt and wants to be represe nted by counsel, the trial court shall appoint couns el 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

. The t ri al court shall make findings of fac t and conclusions of l aw as to whether Applicant

rec eived preliminary and final hear ings within a rea sonable time. See Cordova, 235 S.W .3d at 736; Ex parte Canada, 754 S.W .2d 660, 668 (Tex. Crim. App. 1988). 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 of fac t and co n clusions 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 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: October

7, 20203

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