Moore, Anthony Eugene ( 2013 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-24,502-09

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EX PARTE ANTHONY EUGENE MOORE, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D-1-DC-90-103968-H IN THE 331ST DISTRICT COURT FROM TRAVIS COUNTY

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Per curiam.  

O R D E R  

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of burglary of a building and sentenced to thirty-five years' imprisonment.

Applicant contends that he is being confined in the Travis County Jail due to a parole revocation warrant or other parole hold but that he is being denied a parole revocation hearing and/or notice of the result of such a hearing, violating due process. There is no information in the writ record provided to this Court from the Board of Pardons and Paroles.

In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. The trial court shall order a representative of the Board of Pardons and Paroles to file an affidavit addressing whether a parole revocation hearing was held and whether Applicant has been provided with notice of the Board's decision to revoke, modify, or continue his parole. The trial court shall make appropriate findings of fact and conclusions of law regarding Applicant's claim, and the trial court may also make any other findings of fact and conclusions of law that it deems relevant and appropriate.

This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 30 days of this order. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be forwarded to this Court within 45 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: November 20, 2013

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