Texas Code of Criminal Procedure - Article 11.072. Procedure In Community Supervision Case
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Texas Laws > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 11.072. Procedure In Community Supervision Case
Article: 11.03 11.04 11.05 11.051 11.06 11.07 11.071 11.072 11.08 11.09 11.10 11.11 11.12 11.13 11.14
Art. 11.072. PROCEDURE IN COMMUNITY SUPERVISION CASE. Sec.
1. This article establishes the procedures for an application for a
writ of habeas corpus in a felony or misdemeanor case in which the
applicant seeks relief from an order or a judgment of conviction
ordering community supervision.
Sec. 2. (a) An application for a writ of habeas corpus under
this article must be filed with the clerk of the court in which
community supervision was imposed.
(b) At the time the application is filed, the applicant must
be, or have been, on community supervision, and the application
must challenge the legal validity of:
(1) the conviction for which or order in which community
supervision was imposed; or
(2) the conditions of community supervision.
Sec. 3. (a) An application may not be filed under this article
if the applicant could obtain the requested relief by means of an
appeal under Article 44.02 and Rule 25.2, Texas Rules of Appellate
(b) An applicant seeking to challenge a particular
condition of community supervision but not the legality of the
conviction for which or the order in which community supervision
was imposed must first attempt to gain relief by filing a motion to
amend the conditions of community supervision.
(c) An applicant may challenge a condition of community
supervision under this article only on constitutional grounds.
Sec. 4. (a) When an application is filed under this article, a
writ of habeas corpus issues by operation of law.
(b) At the time the application is filed, the clerk of the
court shall assign the case a file number ancillary to that of the
judgment of conviction or order being challenged.
Sec. 5. (a) Immediately on filing an application, the
applicant shall serve a copy of the application on the attorney
representing the state, by either certified mail, return receipt
requested, or personal service.
(b) The state may file an answer within the period
established by Subsection (c), but is not required to file an
(c) The state may not file an answer after the 30th day after
the date of service, except that for good cause the convicting court
may grant the state one 30-day extension.
(d) Any answer, motion, or other document filed by the state
must be served on the applicant by certified mail, return receipt
requested, or by personal service.
(e) Matters alleged in the application not admitted by the
state are considered to have been denied.
Sec. 6. (a) Not later than the 60th day after the day on which
the state's answer is filed, the trial court shall enter a written
order granting or denying the relief sought in the application.
(b) In making its determination, the court may order
affidavits, depositions, interrogatories, or a hearing, and may
rely on the court's personal recollection.
(c) If a hearing is ordered, the hearing may not be held
before the eighth day after the day on which the applicant and the
state are provided notice of the hearing.
(d) The court may appoint an attorney or magistrate to hold
a hearing ordered under this section and make findings of fact. An
attorney appointed under this subsection is entitled to
compensation as provided by Article 26.05.
Sec. 7. (a) If the court determines from the face of an
application or documents attached to the application that the
applicant is manifestly entitled to no relief, the court shall
enter a written order denying the application as frivolous. In any
other case, the court shall enter a written order including
findings of fact and conclusions of law. The court may require the
prevailing party to submit a proposed order.
(b) At the time an order is entered under this section, the
clerk of the court shall immediately, by certified mail, return
receipt requested, send a copy of the order to the applicant and to
Sec. 8. If the application is denied in whole or part, the
applicant may appeal under Article 44.02 and Rule 31, Texas Rules of
Appellate Procedure. If the application is granted in whole or
part, the state may appeal under Article 44.01 and Rule 31, Texas
Rules of Appellate Procedure.
Sec. 9. (a) If a subsequent application for a writ of habeas
corpus is filed after final disposition of an initial application
under this article, a court may not consider the merits of or grant
relief based on the subsequent application unless the application
contains sufficient specific facts establishing that the current
claims and issues have not been and could not have been presented
previously in an original application or in a previously considered
application filed under this article because the factual or legal
basis for the claim was unavailable on the date the applicant filed
the previous application.
(b) For purposes of Subsection (a), a legal basis of a claim
is unavailable on or before a date described by that subsection if
the legal basis was not recognized by and could not have been
reasonably formulated from a final decision of the United States
Supreme Court, a court of appeals of the United States, or a court
of appellate jurisdiction of this state on or before that date.
(c) For purposes of Subsection (a), a factual basis of a
claim is unavailable on or before a date described by that
subsection if the factual basis was not ascertainable through the
exercise of reasonable diligence on or before that date.
Added by Acts 2003, 78th Leg., ch. 587, Sec. 1, eff. June 20, 2003.
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Last modified: August 11, 2007