Yanez, Lucio Deleon ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,349-01
EX PARTE LUCIO DELEON YANEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 14-207A IN THE 421ST DISTRICT COURT
FROM CALDWELL COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to driving while intoxicated in exchange for a sentence of ten years,
probated. His community supervision was later revoked, and he was sentenced to seven years’
imprisonment. He did not appeal his conviction. Applicant filed this application for a writ of habeas
corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX . CODE
CRIM . PROC. art. 11.07.
Applicant alleges that he has been imprisoned pursuant to a parole pre-revocation warrant
arising from this charge since December of 2019 and that he has not been afforded a revocation
hearing. Applicant suggests that he may have a new criminal charge pending, but the record does
not contain any information regarding the dates of Applicant’s release and arrest, or whether he has
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been charged with a new offense.
Applicant has alleged facts that, if true, might entitle him to relief. Morrissey v. Brewer, 408
U.S. 471, 484, 92 S. Ct. 2593, 33 L. Ed. 2d 484 (U.S. 1972). Although TDCJ is not required to
dispose of parole revocation matters until after any new charges have been disposed of, Applicant
must be afforded a preliminary hearing within a reasonable time under Texas Government Code
Section 508.2811, unless he waives the preliminary hearing. Ex parte Cordova, 235 S.W.3d 735,
736 (Tex. Crim. App. 2007).
Accordingly, the record should be developed. The trial court is the appropriate forum for
findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall order the Texas
Department of Criminal Justice’s Office of the General Counsel to obtain a response from a person
with knowledge of relevant facts. The response shall state when Applicant was released to parole,
and whether and when any parole revocation warrants were issued and executed in this case. The
affidavit should state whether any pre-revocation warrant is still in effect, and whether Applicant has
been charged with a new offense. If Applicant has been charged with a new offense, the affidavit
should state the nature of the new charge, and should state whether Applicant is represented by
counsel in the new case. The affidavit should state whether Applicant had been afforded a
preliminary hearing, or has waived a preliminary hearing in this parole revocation case. In
developing the record, the trial court may use any means set out in Article 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 wants to be represented by counsel, the trial court shall appoint counsel to represent at
the hearing. See TEX . CODE CRIM . PROC. art. 26.04. If counsel is appointed or retained, the trial
court shall immediately notify this Court of counsel’s name.
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The trial court shall make findings of fact as to how long Applicant has been held pursuant
to the pre-revocation warrant, and as to whether Applicant's parole has been revoked. If Applicant's
parole has not been revoked, the trial court shall make findings as to whether the pre-revocation
warrant is still in place. The trial court shall make findings as to whether Applicant has been advised
of his rights in the revocation process, whether he has waived a preliminary hearing and/or a final
revocation hearing, and whether he has been afforded a preliminary and/or a final revocation hearing.
The trial court shall make findings as to whether Applicant is being held on new charges. 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. If any continuances are granted, a copy of the
order granting the continuance shall be sent to this Court. 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be
obtained from this Court.
Filed: December 07, 2022
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