Sepeda, Antonio ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-34,095-29
EX PARTE ANTONIO SEPEDA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 87-7-7635-G IN THE 24TH DISTRICT COURT
FROM DE WITT COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to robbery and was sentenced to forty 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.
On June 24, 2020, this Court remanded this matter to the trial court to obtain affidavits and
findings addressing Applicant’s claim that he was not afforded a hearing before the revocation of
his mandatory supervision. On February 11, 2022, this Court received the supplemental record,
which includes the trial court’s findings of fact and conclusions of law. The trial court finds that
Applicant “made a knowing and voluntary plea of guilty” to the underlying charges in this case. The
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trial court also finds that there was no mandatory supervision granted in this case, but that Applicant
was sentenced to forty years’ imprisonment “with all due process followed.” Applicant is not
challenging the voluntariness of his plea to the underlying charges in this application, and his claim
pertains to the revocation of mandatory supervision, not community supervision.
The trial court’s findings of fact and conclusions of law do not address the claims raised by
Applicant in this application, and the record is still insufficient to address those claims. Applicant
has alleged facts that, if true, might entitle him to relief. Morrissey v. Brewer, 408 U.S. 471, 92 S.
Ct. 2593, 33 L. Ed. 2d 484 (1972); TEX . GOV ’T CODE §508.281. 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. 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 trial court shall make findings of fact and
conclusions of law as to whether Applicant was afforded due process in the revocation of his
mandatory supervision, including a hearing if Applicant was entitled to such a hearing and did not
waive his right to such a hearing. The trial court shall make findings of fact and conclusions of law
within thirty 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,
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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: March 30, 2022
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