Evans, Ex Parte Johnathan ( 2010 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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  NO. AP-76,445

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EX PARTE JOHNATHAN EVANS, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. B-01-0239-S IN THE 119th DISTRICT COURT

FROM TOM GREEN COUNTY

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           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 two counts of recklessly causing serious bodily injury to a child and sentenced to ten years’ imprisonment.

            Applicant contends that the Texas Department of Criminal Justice–Parole Division (TDCJ) improperly placed sex offender conditions on his parole release without due process and, due to those conditions, his parole was revoked. We order that this application be filed and set for submission to determine whether TDCJ provided the Applicant, who has never been convicted of a sex offense, with due process prior to placing sex offender conditions on his parole release. The parties shall brief these issues. We also invite TDCJ to brief the issue. A copy of this order shall be delivered to the Texas Department of Criminal Justice’s Office of the General Counsel. Oral argument is not permitted.

            It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 30 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before 90 days from the date of this order.

Filed: November 10, 2010

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