Powers, John

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,135-01
EX PARTE JOHN POWERS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-19-200989-A IN THE 299TH DISTRICT COURT
FROM TRAVIS COUNTY
Per curiam.
ORDER
Applicant was convicted of unauthorized possession of a firearm by a felon and sentenced
to two 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 in the parole revocation process.
Applicant alleges that while out on parole he was arrested, but no information or indictment has been
filed. A parole revocation warrant was issued and executed, but Applicant has been held for more
than 41 days without a parole revocation hearing and without being formally charged with any new
offense. Applicant alleges that he did not waive her right to a revocation hearing.
2
Applicant has alleged facts that, if true, might entitle him to relief. TEX . GOV ’T CODE Sec.
508.282; Morrissey v. Brewer, 408 U.S 471, 488, 92 S. Ct. 2593, 33 L. Ed. 2d 484 (1972).
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 if Applicant is
represented by counsel, and if not, 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.
The trial court shall make findings of fact as to whether Applicant has been advised of his
rights in the revocation process, whether he requested or has received a preliminary hearing, and
whether he has received a final revocation hearing. The trial court shall make findings of fact as to
whether Applicant was arrested for a new offense, and if so, whether he has been formally charged
with a new offense. The trial court shall make findings of fact and conclusions of law as to whether
Applicant is being afforded due process in the 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
3
by the trial court and obtained from this Court.
Filed: January 13, 2021
Do not publish