## 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-73,015-17

EX P ARTE WILL IE HE NRY III, Applicant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 98575-H IN THE 252ND DIST RICT COURT

F ROM JEF F ERSON COUNTY
Per curiam . O R D E R Pursuant to the provisions of Article 11.07 of th e T ex as C o de 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 convicted of ag g ravated assault and sent en ce d t o p rison. He is curr ently on parole rele ase. In his habea s application, Applicant complains of a pa

role c ondition—S pecia l Condit ion X—that the Parole B oard imposed on him. This p ar o l e condition is regularly applied to sex offe nders. Applicant, howeve r, was convicted of ag g ravated assault, and t h e h abeas rec ord does not show any other convictions. Applicant complains that he was not a ffor ded adequate due proce ss in the Parole Boa rd’s decision to impose Special Condition X.-2-

A parole e who has not been convicted of a sex offe nse must be aff orde d p ro ce du ral due proce ss befor e sex-offende r conditions may be imposed upon him. See Ex parte Evans , 338 S.W .3d 545 (Tex. Crim. App. 2011). It appea rs from the habea s rec ord that there was notice and disclosure of evidenc e to Applicant befor e the P arole Boa rd applied the sex-offende r condition. It rema ins unclea r whether there was a hearing or if a hearing was waived and whether Applicant was aff orded due proc ess in connec tion with that hearing(e.g , permitted to ca ll and confr ont witnesses). Applicant has alleg ed fac ts that, if true, might entitle him to relief
. There is no response from the Parole Boa

rd in the habea s rec ord provided to this Court. In these circ umstances, additional fac ts
are neede d. As we held in Ex parte Rodriguez , 334 S.W
. 2 d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate forum for finding s of fac t. The trial court shall order t h e T ex as Depa rtment of Criminal J ustice’s Of fice of the Ge nera l Counsel to file an a ffidavit addr essingthe issue of whether Applicant was provided adequate due proce ss in connec tion with the Parole B oard’ s decision to impose Special Condition X. After obtaining the aff

idavit, the trial court may make further findi ng s of fac t and conclusions of law reg arding the claims raised in the habea s application. The trial court may also make any other finding s of fac t an d conclusions of law it deems rele vant and appropriate to the dispositi on of Applicant’s c laims for habe as cor pus relief
. 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 supp l em en tal transcript containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, alongwith the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwa rded to this Court within 120 day s of the date of this order
. Any extensions of time shall be-3-

obtained fr om this C ourt. Filed: Oc tober 24, 2018 Do not publish