## 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-26,727-06

EX P ARTE THO MAS G ILMORE ST EWART, Appl icant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. W88-69008 U(E) IN THE 291ST DIS TRICT COURT

F ROM DALLAS COUNTY
Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code 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 possession of a controlled substanc e and se ntence d to thirty y ear s’ imprisonment. Applicant contends, among other things, that he was denied due proce ss in the parole 1

revoc ation proce ss. Applicant alleg es that his parole was revoke d on an alleg ation that he possessed
a controlled substance in the Ellis County J ail. Applicant all eg es that he never possessed a

This Court has considere d Applicant’s other claims and finds them to be w ithout merit. 12

controlled substance in the Ellis County J ail, althoug h he admits that he was found to be in possession of a controlled substance at his home, which resulted in a conviction in Ellis County
. Applicant alleg es that he was not provided with adequate notice of the alleg ed parole violations, and that he was not pr ovided with a dequate notice for the re asons his pa

role was revoke d. The habea s
rec ord conta ins no information or documentation reg ardingApplicant’s pa role re vocation. Applicant has alleg ed fac ts that, if true, might entitle him to relief
. In these circ umstances, additional fac ts are ne eded. As we held in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the tria l court is the appr opriate f orum for f

indings of f

act. The trial court sha ll order the Texas Depa

rtment of Criminal J ustice’s Offic e of the Gene ral Counsel to file an aff idavit stating when Applicant’s parole was revoke d, and upon what basis. The aff idavit shall state whether Applicant was provided with notice of the alleg ed par ole vi olations, and whether he was afforde d
a preliminary hear ing and a final revoc ation hear ing or waived such hear ings. The aff idavi t shall state whether Applicant was provided with notice of the rea sons for which his parole was ultimately revoke d. I f the trial c ourt elec ts to hold a hear ing, it sha ll determine whe ther Applica nt is indi g ent. I f Applicant is indige nt and wishes to be repr esente d b y co u n sel, the trial court shall appoint an attorney to repre sent Applicant at the hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall first supplement the h ab eas rec ord with all documents rele vant to Applicant’s parole revoc ation, including any notice of the alleg ed violations, any notification of the offe nder’ s rig hts in the revoc ation pr o c e s s s igne d or acknow ledg ed by Applicant, any repor ts relating to the revoc ation hear ing or rec ommendation to revoke parole , and any notification of the r easons for the revoc ation provided to Applicant. The trial court shall make finding s of fac t and conclusions3

of law as to whether Applicant was aff orded adequate notice of the alleg ed violations of parole , and adequate notice of

the fa cts upon which the r evocation was based. T he trial c ourt shall also make
an y other finding s of fac t and conclusions of law that it deems rele vant and appropri at e t o t h e dispositi on of Applica

nt’s claim for ha

beas c orpus re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The issue s s h al l b e resolved within 90 day s of this order
. A supplemental transcr ipt 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 forwar ded to this Court within 120 day s of the date of this order . Any extensions of ti me s hall be obtained f

rom this Court.

Filed: F ebrua

ry 3, 2016 Do not publish