The opinion
TEAGUE, Judge,
concurring.
The majority correctly holds that Charles Henry Glenn’s parole was unlawfully revoked because the Board of Pardons and Paroles failed to accord him a “final” hearing before the Governor, acting on the recommendation of the Board, ordered his parole revoked.
I only concur because I am afraid that the majority opinion may be misinterpreted by the members and officials of the Board of Pardons and Paroles.
It is my firm belief that in light of Morrissey v. Brewer, 408 U.S. 471 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972), the Board of Pardons and Paroles’ Rule 145.41(b)(5) is violative of the due process clause of the Fourteenth Amendment to the Federal Constitution. It is also my belief that such rule is violative of the due course of law provision of the State Constitution, as well as being in violation of Art. 42.12, Sec. 22, V.A.C.C.P.
The Board, however, is correct in its argument that in the event a prisoner, who has been released on discretionary parole, has been convicted of a felony offense, such person is not entitled to a preliminary or on-site hearing. See Moody v. Daggett, 429 U.S. 78 , 97 S.Ct. 274 , 50 L.Ed.2d 236 (1976). However, unless the prisoner waives his right to a “final” hearing, he must be afforded a “final” hearing by the Board before the Governor, pursuant to recommendation by the Board, may order the prisoner’s parole revoked. Morrissey v. Brewer, supra; Art. 42.12, Sec. 22, supra.
I concur.