Cleckler, Eric Joseph

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-80,045-02
EX PARTE ERIC JOSEPH CLECKLER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 057340-B IN THE 15TH DISTRICT COURT
FROM GRAYSON 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 pleaded guilty to robbery and was
sentenced to eight years’ imprisonment.
Applicant contends that he was denied due process when he was compelled to comply with
sex offender conditions of parole. Applicant alleges that he has not been convicted of a sex offense,
and that he was not afforded notice or a hearing before the imposition of “Special Condition X,” in
violation of Ex parte Evans, 338 S.W.3d 545 (Tex. Crim. App. 2011).
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.
2
Ohio App. 1960), the trial court is the appropriate forum for findings of fact. The trial court shall order
the Texas Department of Criminal Justice’s Office of the General Counsel to file an affidavit
addressing Applicant’s claim. Specifically, the affidavit shall state whether Applicant is being
required to comply with sex offender conditions of parole. If he is so required, the affidavit shall
state whether Applicant has been previously convicted or adjudicated of a sex offense. If he has not
been previously convicted or adjudicated of a sex offense, the affidavit shall state why such
conditions are deemed appropriate and whether Applicant was provided with notice and an
opportunity to be heard before the imposition of such conditions of parole.
If the trial court elects to hold a hearing, it 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.
The trial court shall make findings of fact and conclusions of law as to whether Applicant
is being denied due process by the imposition of sex offender conditions of parole. The trial court
shall also make any other findings of fact and conclusions of law that it deems relevant and
appropriate to the disposition of Applicant’s claim for habeas corpus relief.
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 shall
be obtained from this Court.
Filed: May 4, 2016
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