Hulen, Rebecca Danielle

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. WR-92,542-01

EX PARTE REBECCA DANIELLE HULEN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 11,688-A IN THE 46TH DISTRICT COURT FROM WILBARGER COUNTY

Per curiam.

ORDER

Applicant was convicted of a possession of a controlled substance with intent to deliver and sentenced to twenty years imprisonment. Applicant did not file a direct appeal. 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 her due process rights were violated when she was arrested on a pre-

revocation parole warrant but not given a revocation hearing within a reasonable time. The trial court has determined that Applicant was not given a final parole revocation hearing within the required 41-day deadline and that Applicant’s due process rights were violated.

However, based on our independent review of the entire record, this Court finds that

Applicant was, in fact, given a timely preliminary parole revocation hearing and indicted on new offense charges. Ex parte Cordova, 235 S.W.3d 735 (Tex. Crim. App. 2007). As such, the 41-day deadline does not apply to Applicant’s parole revocation process. Applicant received due process in her parole revocation proceedings as required by Morrissey v. Brewer, 408 U.S. 471, 471 (1972). We deny relief.

Filed: July 27th, 2022 Do not publish