## 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-92,769-01

EX P ARTE TREVIONE D. S EALS-BAT ISTE , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 1577583-A IN THE 177TH DIS TRICT COURT

F ROM HARRIS COUNTY

Per curiam . O R D E R Applicant pleade d g uilty to assault with family violence in exchang e for four y ear s’ defe rre d adjudication community

supervision. He w as later adjudicate d g uilty and sente nced to two y ear s’ imprisonment. Applicant did not appea l his conviction. Applicant filed this a pplication for a writ of habeas corpus in the county of convic tion, 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 t hat he has been held pursuant to a parole revoc ation war rant without having been convicted of any new offe nse bey ond the time when he should have discharg ed his sentenc e in this case . Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Tex. Gov' t Code, § 508.2811; Ex parte Cordova , 235 S.W .3d 735, 736 (Tex. Crim. App. 2007). Acc ording ly ,2

the rec ord should be develope d

. T h e trial court is the appropr iate forum for finding s of fac t. Tex. Cod e C ri m. Proc. 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 re s p o n se 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). The response shall state whether Applicant is being h el d p u rs u ant to a parole revoc ation

war rant, and if so, the date upon which that war rant was executed. The response shall state whether Applicant has been advised of his rig hts in the revoc ation proce ss, whether he has reque sted or waived a preliminary hear ing and whether he has been aff orded a preliminary hear ing. I f Applicant is a lso be ing held on new char g es, the response shall state whether Applicant has been indicted on those cha rg es, and if so, w hen the indictment wa s returne d. 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 h ea ri n g , it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and w an t s to be represe nted by counsel, the trial 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

. The trial court shall make findings of fac t and conclusions of l aw as t o whether Applicant is rec eiving due process i n the parole revoc ation proce eding s. The trial court may make any o t her finding s and conc lusions that it deems a ppropriate in response to Applica nt's c laims. 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: June 30, 2021 Do not publish