Johnson, Morris Landon Ii ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,192-01
EX PARTE MORRIS LANDON JOHNSON II, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR13895 IN THE 266TH DISTRICT COURT
FROM ERATH COUNTY
Per curiam.
ORDER
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 forgery and
sentenced to ten years’ imprisonment. The Eleventh Court of Appeals affirmed his conviction.
Johnson v. State, No. 11-13-00174-CR (Tex. App.—Eastland, June 5, 2015)(not designated for
publication).
Applicant contends that he is being denied parole review in this case. This is the first in a
stacked series of cases. He contends that since the Texas Board of Pardons and Paroles is not timely
reviewing this case for parole, he is being denied the possibility that this case would cease to operate
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and allow the second sentence in the stacked series to begin.
Applicant has alleged facts that, if true, might entitle him to relief. 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
the Texas Department of Criminal Justice’s Office of the General Counsel to file an affidavit
addressing the issue of whether Applicant is being timely reviewed for parole in this case.
If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent.
If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an
attorney to represent Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether Applicant
is being properly reviewed for parole. The trial court shall also make any other findings of fact and
conclusions of law that it deems relevant and appropriate to the disposition of Applicant’s claim for
habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 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 120 days of the date of this order. Any extensions of time shall
be obtained from this Court.
Filed: June 29, 2016
Do not publish