Wesley, Samuel ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,158-01
EX PARTE SAMUEL WESLEY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W88-89690-S(A) IN THE 282ND DISTRICT COURT
FROM DALLAS COUNTY
Per curiam.
ORDER
Applicant was convicted of robbery and sentenced to twenty-five years’ imprisonment.
Applicant did not file a direct appeal. 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 contends, among other things, that he was not provided with a written statement
setting out the evidence relied on and the reasons for revoking his parole. Applicant has alleged facts
that, if true, might entitle him to relief. Morrissey v. Brewer, 408 U.S. 471, 488-89 (1972); see also
Ex parte Carmona, 185 S.W.3d 492, 495 (Tex. Crim. App. 2006). Accordingly, the record should
be developed. The trial court is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC.
2
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. 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.
The response shall state whether Applicant was provided a written statement by the fact
finders as to the evidence relied on and the reasons for revoking his parole. The trial court shall
make findings of fact and conclusions of law on whether Applicant was provided due process in his
parole revocation process. The trial court may make any other findings and conclusions that it deems
appropriate in response to Applicant’s claims.
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: January 27, 2021
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