EX PARTE TOMMY LEON JONES AKA TOMMIE LEON JONES (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-23,776-06

EX PARTE TOMMY LEON JONES AKA TOMMIE LEON JONES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 20852-85 IN THE 85TH DISTRICT COURT

FROM BRAZOS 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 was convicted of burglary of a building and sentenced as an habitual offender to twenty-five years' confinement. This conviction was affirmed on appeal. See Jones v. State, No. 14-92-00849-CR (Tex.App.-14th Dist., delivered March 4, 1993, no pet.) (not designated for publication).

Applicant contends, inter alia, that his parole for this conviction was revoked based on a violation of condition 8z that he not enter Robertson County and that this condition violates his First Amendment right to practice his religion. The writ record indicates that Applicant was charged with eight "administrative" or "technical" violations of his parole but does not reflect what these alleged violations were or why Applicant's parole was revoked. Applicant also contends that he received inadequate notice of his parole revocation hearing.

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. 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Department of Criminal Justice's Office of the General Counsel to file an affidavit indicating why Applicant's parole was revoked and whether he received notice of his parole revocation hearing. The trial court shall then make its own determination of why Applicant's parole was revoked and whether Applicant received adequate notice of his parole revocation hearing. The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d).

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 as to why Applicant's parole was revoked and whether Applicant received adequate notice of his parole revocation hearing. 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. 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 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: September 14, 2011

Do not publish