## 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-93,157-02

EX P ARTE DON MYCHEL GREEN, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 16-2635-CR-B-A IN THE 274 DISTRICT COURT T H F ROM G UADALUP E COUNTY

Per curiam . O R D E R Applicant wa s convicted of possession of a controlled substance w ith intent to deliver and sentenc ed to seven y ear s’ imprisonment. Applicant filed this application for a writ of habea s 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 that he is being denied due proce ss in the parole revoc ation proce ss. Applicant allege s that while out on parole he wa s arr ested for new charg es, but no formal charg es have been filed. He say s a parole revoc ation war rant was issued and executed, but he has been held for more than 41 day s without a parole revoc ation hear ing and without being formally char g ed with the new of

fense

.2

Applicant has alleg ed fa cts that, if true, mig ht entitle him to relief. T E X . G O V ’ T C O D E Sec. 508.282 ; Morrissey v. Brewer , 408 U.S 471 ( 1972). Acc ording ly , the rec ord should be develope d. The trial court is the app ro p ri at e 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 Tex as Department of Crimina l J u s t i ce’s Offic e of the Genera l Counsel to ob t ai n 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 t a p p e a r s t h a t A pp l i c a n t is repr esente d by counsel. I f t he trial court el ects to hold a hearing , it shall deter mine if Applicant i s re p re sented by counsel, and if not, whether Applicant is indige nt. I f Applicant is indige nt an d wishes to be repr esente d by counsel, the trial court shall appoint an attorney to repr esent Applicant at the hea ring . T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make findings of fac t as t o whether Applicant has been a dvised of his rig hts in the revoc ation proce ss, wh et h er h e requested or has rec eived a preliminary hear ing, and whether he has rec eived a final revoc ation hear ing. The trial court shall make finding s of fac t as to whether Applicant was arr ested for a new offe nse, and if so, whether he has been formally char g ed with a new offe nse. The trial court shall make finding s of fac t and conclusions of law as to whether Applicant is being aff

orded due proce ss in the parole revoc ation proce ss. The trial court may make any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. The trial court shall make findings o f 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, order s, and transcr ip t s 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 sted3

by the trial cour

t and obtained f

rom this Court. Filed: De cembe r 8, 2021 Do not publish