Wheeler, Bradley Michael ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,056-01
EX PARTE BRADLEY MICHAEL WHEELER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 17586A IN THE 12TH DISTRICT COURT
FROM GRIMES 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 possession with
intent to deliver a controlled substance and sentenced to imprisonment. He was later released to
parole.
While on parole, Applicant alleges that he was arrested in Bexar County for driving while
intoxicated, and he bonded out of the county jail. A parole revocation (a/k/a “blue”) warrant was
later executed, and Applicant was arrested and held in the Bexar County Jail on the blue warrant.
According to Applicant, through habeas counsel, the new driving while intoxicated charges have
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never been filed, and he is still being held in the county jail pursuant to the blue warrant but has not
received a parole revocation hearing, although he has repeatedly requested one. See TEX . GOV ’T
CODE 508.282(a)(1)(A)-(B).
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. In this case, the trial court
recommended that relief be denied, stating that Applicant should have filed his habeas application
in Bexar County, where Applicant is being held pursuant to the blue warrant. However, pursuant
to Article 11.07, section 3(b) of the Texas Code of Criminal Procedure, an application for writ of
habeas corpus must be filed with the clerk of the court in which the conviction was obtained, and
the clerk shall assign the application to that court. Applicant’s conviction was obtained in the 12th
District Court of Grimes County, and his application was properly filed in that county.
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 the Parole Board is timely providing
Applicant with a parole revocation hearing. The trial court shall make findings of fact and
conclusions of law as to Applicant’s claims, and the trial court may make any other findings of fact
and conclusions of law that it deems relevant.
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 must
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be requested by the trial court and shall be obtained from this Court.
Filed: December 16, 2020
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