Leon, Cesar Alonso

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,508-01
EX PARTE CESAR ALONSO LEON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 69292-01-A-WR IN THE 47TH DISTRICT COURT
FROM POTTER COUNTY
Per curiam.
ORDER
Applicant was convicted of possession with intent to deliver a controlled substance and
sentenced to 12 years’ imprisonment. 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 that he is being denied due process because he is being held pursuant to
a parole revocation warrant but no parole revocation proceedings have been initiated. He states that
he has been in custody on the revocation warrant for over 145 days but the Board of Pardons and
Paroles has not held a revocation hearing, and he has not been indicted with a new offense.
Applicant has alleged facts that, if true, might entitle him to relief. TEX . GOV 'T CODE, § 508.2811;
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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. In
developing the record, the trial court may use any means set out in Article 11.07, § 3(d).
The response shall state whether Applicant is being held pursuant to a parole revocation
warrant, and if so, the date upon which that warrant was executed. The response shall state whether
Applicant has been advised of his rights in the revocation process, whether he has requested or
waived a preliminary hearing and whether he has been afforded a preliminary hearing. If Applicant
is also being held on new charges, the response shall state whether Applicant has been indicted on
those charges, and if so, when the indictment was returned.
It appears that Applicant is represented by counsel. However, if the trial court elects to hold
a hearing, it shall determine whether Applicant is represented by counsel. If Applicant is not
represented by counsel, the trial court shall determine whether Applicant is indigent. If Applicant
is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to
represent Applicant at the hearing. 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
is receiving due process in the parole revocation proceedings. 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
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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: May 26, 2021
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