Navarro, Oscar Mario Jr.

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,366-03
EX PARTE OSCAR MARIO NAVARRO, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 12-07-13541-C IN THE 79TH DISTRICT COURT
FROM JIM WELLS 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 of a
controlled substance and sentenced to ten years’ imprisonment.
In this application, Applicant alleges among other things1 that he was denied due process
during parole revocation proceedings because he was not provided with disclosure of the evidence
against him, and was denied the opportunity to present witnesses and to cross-examine and confront
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This Court has considered Applicant’s other claims and finds them to be without merit.
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adverse witnesses at the preliminary hearing.
Applicant has alleged facts that, if true, might entitle him to relief. Morrissey v. Brewer, 408
U.S. 471, 489 (1972); Gagnon v. Scarpelli, 411 U.S. 778, 790 (1973). The record contains no
responses or findings of fact. 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. The trial court shall order the Texas Department of Criminal Justice’s
Office of the General Counsel to obtain an affidavit from the person or department with knowledge
of the relevant facts addressing the issues of whether Applicant was provided due process in parole
revocation proceedings.
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
was afforded due process during the parole revocation proceedings. 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 claims 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 must be
requested by the trial court and shall be obtained from this Court.
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Filed: October 23, 2019
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