Opinion

Sanchez, Herman Jr

Court
Court of Criminal Appeals of Texas
Filed
Jan 31, 2007
Status
Published
Cited by
0 cases
Authority
More cited than 38.1%

The opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-66,653-01

EX PARTE HERMAN SANCHEZ, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2000-433,610-A IN THE 140TH DISTRICT COURT

FROM LUBBOCK 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 assault, family

violence, repeater, and sentenced to four years' imprisonment.

Applicant contends that he was denied adequate notice that he would be considered for

release on mandatory supervision by the Texas Board of Pardons and Paroles under the discretionary

mandatory-supervision statute, Tex. Code Crim. Proc. art. 42.18, § 8(c).

Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington ,

466 U.S. 608 (1984); Ex parte Lemke , 13 S.W.3d 791,795-96 (Tex. Crim. App. 2000). 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 making findings of fact. The trial

court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d). In the appropriate

case, the trial court may rely on its personal recollection. Id .

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 whether Applicant was afforded adequate

notice that he would be considered for release on mandatory supervision by the Texas Board of

Pardons and Paroles under the discretionary mandatory-supervision statute. Ex parte Retzlaff , 135

S.W.3d 45 (Tex. Crim. App. 2004). 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: January 31, 2007

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