Hurst, Darrell M.

• Court: Court of Criminal Appeals of Texas
• Decided: June 11, 2008
• Docket: WR-69,944-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-69,944-01 EX PARTE DARRELL MITCHELL HURST, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO.39,344-B IN THE 30^TH DISTRICT COURT

FROM WICHITA 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 indecency with a child and after a period of deferred adjudication was convicted and sentenced to seven years' imprisonment. Applicant's appeal was dismissed. Hurst v. State, No. 02-07-411-CR (Tex. App.-Fort Worth, delivered January 10, 2008).

Applicant contends that he was not given a separate punishment hearing or an opportunity to present mitigating evidence on punishment during his hearing to adjudicate guilt. Applicant has alleged facts that, if true, might entitle him to relief. Pearson v. State, 994 S.W.2d 176 (Tex. Crim. App. 1999). 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 make findings of fact regarding whether or not Applicant had a separate punishment hearing or had an opportunity to present mitigating evidence to the court before he was sentenced. 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: June 11, 2009

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