Villa, Matthew Michael

• Court: Court of Criminal Appeals of Texas
• Decided: March 19, 2014
• Docket: WR-81,031-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

---

NO. WR-81,031-01

---

EX PARTE MATTHEW MICHAEL VILLA, Applicant

---

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 0216664A IN THE 8TH DISTRICT COURT

FROM HOPKINS 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of a controlled substance and sentenced to ten years’ imprisonment. He did not appeal his conviction.

            Applicant contends that although his sentence has discharged, he is being held on a pre-revocation warrant in Bexar County. Applicant has alleged facts that, if true, might entitle him to relief. Morrissey v. Brewer, 408 U.S. 471 (1972); Ex parte Cordova, 235 S.W.3d 735 (Tex. Crim. App. 2007); Tex. Gov’t Code §§ 508.2811, 508.282. 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 and state: (1) whether a pre-revocation warrant was issued and, if so, when it was issued; (2) whether Applicant’s sentence discharged before the pre-revocation warrant was issued; (3) whether a preliminary hearing was held within a reasonable period of time or Applicant waived it; and (4) whether a final revocation hearing was timely held or Applicant waived it.

            The trial court may also order depositions, interrogatories or a hearing. 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 him at the hearing. Tex. C ode Crim. Proc. art. 26.04.

            The trial court shall make findings of fact and conclusions of law as to whether Applicant is being illegally confined and his due process rights were violated. 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 60 days of this order. 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 forwarded to this Court within 90 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: March 19, 2014

Do not publish