Corpuz, Bonifacio P. ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-64,408-01

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EX PARTE BONIFACIO P. CORPUZ, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 94CR2068-83 IN THE 212^TH DISTRICT COURT

GALVESTON COUNTY

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Per curiam.

O R D E R  

   This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Tex. Code Crim. Proc. art 11.07. Applicant was convicted of the offense of injury to a child and sentenced to confinement for ten years. No direct appeal was taken.

Applicant contends that when he pleaded no contest to injury to a child it was agreed that he would not be required to register as a sex offender, but he contends that TDCJ-Parole Division is nevertheless requiring him to register as a sex offender. In its response, the State alleged that Applicant is no longer being required to register as a sex offender. There is no affidavit from TDCJ-Parole Division in the application, however. The trial court has entered an order concluding "that no controverted, previously unresolved facts or issues exist which would entitled Applicant to relief . . . ." However, we disagree. Applicant has stated facts requiring resolution. Because this Court cannot hear evidence, it is necessary for the matter to be remanded to the trial court for resolution. This trial court shall resolve the factual issues as set out in Tex. Code Crim. Proc. art 11.07, § 3 (d), in that it may order affidavits, depositions, or interrogatories from TDCJ-Parole Division, or it may hold a hearing. In the appropriate case, the trial court may also rely on personal recollection.

If the trial court elects to hold a hearing, the court shall first decide whether Applicant is indigent. If the court finds that Applicant is indigent and Applicant desires to be represented by counsel, the trial court shall then, pursuant to the provisions of Tex. Code Crim. Proc. art. 26.04, appoint an attorney to represent him at the hearing.

Following receipt of additional information, the trial court shall make findings of fact as to whether it was agreed that Applicant would not be required to register as a sex offender as a condition of his plea and, if there was no such condition, whether TDCJ-Parole Division is requiring him to register as a sex offender. The trial court shall also make any further findings of fact and conclusions of law it deems relevant and appropriate to the disposition of the application for writ of habeas corpus.

Because this Court does not hear evidence, Ex Parte Rodriquez, 169 Tex.Cr.R. 367, 334 S.W.2d 294 (Tex.Crim.App. 1960), this application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. The trial court shall resolve the issues presented within 90 days of the date of this order. ⁽¹⁾ A supplemental transcript containing all affidavits, the transcription of the court reporter's notes from any interrogatories or hearings held, along with the trial court's findings of fact and conclusions of law, shall be returned to this Court within 120 days of the date of this order. ⁽²⁾

IT IS SO ORDERED THIS THE 10^TH DAY OF MAY, 2006.

DO NOT PUBLISH

1. In the event any continuances are granted, copies of the order granting the continuance should be provided to this Court.

2. Any extensions of this time period shall be obtained from this Court.