Norvell, Belvin ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,933-01
EX PARTE BELVIN NORVELL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-11-300742 IN THE 299TH DISTRICT COURT
FROM TRAVIS 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 pleaded guilty to theft and was
sentenced to two years’ imprisonment.
Applicant contends that he is being improperly held pursuant to a parole revocation warrant,
when he should have discharged his sentence in this case. Applicant was apparently arrested for new
charges and posted bond for those charges. However, because of the parole revocation warrant,
Applicant is not being released on bond. 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
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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 listing Applicant’s sentence begin date, the date upon which Applicant
was released to parole or mandatory supervision, and the dates of issuance and execution of any
parole-revocation warrants. If Applicant is being held pursuant to a pre-revocation warrant, the
affidavit should state whether Applicant has been afforded a preliminary hearing or a final revocation
hearing, or whether he has waived the right to either or both hearings. The affidavit should state
whether or not Applicant’s parole or mandatory supervision has been revoked. If Applicant’s parole
or mandatory supervision has been revoked, the affidavit should state whether Applicant received
credit for time spent on parole or mandatory supervision, and if not, why not.
The trial court may also order depositions, interrogatories or a hearing. In the appropriate
case, the trial court may rely on its personal recollection. TEX . CODE CRIM . PROC. Art. 11.07 §3(d).
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 currently confined, and if so, when he was arrested and whether he is confined pursuant to a parole
revocation warrant or on new charges. If Applicant is being held on a parole revocation warrant,
the trial court shall make findings of fact as to when the warrant was issued and executed, and as to
how long Applicant has been held pursuant to the revocation warrant. The trial court shall make
findings as to whether Applicant has been afforded a preliminary hearing or a final revocation
hearing, and if not, as to whether Applicant waived his right to either or both hearings. If
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Applicant’s parole or mandatory supervision has been revoked, the trial court shall make findings
as to whether Applicant has received all the credit to which he is entitled on this sentence, and as to
what the maximum discharge date is for this sentence. 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 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 60 days of the date of this order. Any extensions of time shall be
obtained from this Court.
Filed: September 17, 2014
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