EX PARTE SIDNEY L. RAY (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-60,664-04

EX PARTE SIDNEY L. RAY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 89-0290X IN THE 71ST JUDICIAL DISTRICT COURT

FROM HARRISON COUNTY

Per curiam.

O R D E R

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to two counts of burglary, and was sentenced to twenty-five years' imprisonment.

Applicant contends that he has been held pursuant to a pre-revocation warrant since December 3, 2009, and has not been afforded a preliminary hearing or a parole revocation hearing. In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1997), 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 appear at a live hearing to determine whether Applicant has been provided with the due process required pursuant to this Court's opinion in Ex parte Cordova, 235 S.W.3d 735 (Tex. Crim. App. 2007). The hearing shall be conducted instanter.

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. C ode Crim. Proc. art. 26.04.

The trial court shall make findings of fact first as to whether Applicant is being held pursuant to a pre-revocation warrant, and if so, the dates upon which such warrant was issued and executed. The trial court shall make findings as to whether Applicant is facing new criminal charges, or only technical violations of the conditions of parole. The trial court shall make findings as to whether Applicant has been advised of his rights in the revocation process, and if so, whether Applicant has waived his right to a preliminary hearing and/ or revocation hearing. If Applicant has not waived his rights, the trial court shall make findings as to whether Applicant has been afforded a preliminary hearing and/ or a revocation hearing, and if not, why not. 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 ten days of this order. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. A supplemental transcript containing all affidavits and interrogatories and the transcription of the court reporter's notes from the hearing, along with the trial court's supplemental findings of fact and conclusions of law, shall be returned to this Court within fifteen days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: June 8, 2011

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