Starks, Terry Wayne ( 2020 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-91,992-01
    EX PARTE TERRY WAYNE STARKS, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. W93-37824-J(A) IN CRIMINAL DISTRICT COURT NO. 3
    FROM DALLAS COUNTY
    Per curiam.
    ORDER
    Applicant was convicted of unlawfully obtaining a controlled substance from a registered
    pharmacist. He was sentenced to twenty-five 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.
    In his fourth ground, Applicant contends that after his parole was revoked he was not given
    a written statement setting out the evidence relied on and the reasons for the revocation. Applicant
    has alleged facts that, if true, might entitle him to relief. See Morrissey v. Brewer, 
    408 U.S. 471
    , 489
    (1972). 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
    2
    Department of Criminal Justice’s Office of the General Counsel to obtain a response from a person
    with knowledge of relevant facts. 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 him 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.
    After reviewing the response, the trial court shall determine whether Applicant’s due process
    rights were violated. The trial court may make any other findings and conclusions that it deems
    appropriate in response to Applicant’s claim.
    The trial court shall make findings of fact and conclusions of law within ninety days from
    the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
    findings and conclusions and the record developed on remand, including, among other things,
    affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
    hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested
    by the trial court and obtained from this Court.
    Filed: December 9, 2020
    Do not publish
    

Document Info

Docket Number: WR-91,992-01

Filed Date: 12/9/2020

Precedential Status: Precedential

Modified Date: 12/14/2020