Case Information

*1 Harred SUNGERN #2346A6-Ramsen I Unit 1100 FM 1045 Rostorion, TX 77587 September 4, 2015 Agel Rcbsm, Clerk Cent of Cramanl Ameas or Tens P.O. Box 12308

Austin, TX 78711 Das Clark; Will you please present applonnt's memorandum of law to the court for reVieu. Thank you,

RECEIVED IN COURT OF CRIMINAL APPEALS SEP 082015 AdelAcosia, Clerk

*2

Ccurt Of Criminal Abperers

EX PARTE HARID SINGLETON

WEST NO. 83-540-01

Memorandum Of Law

To THe HONORAPLE JUDCES OF SAN COURT:

Appliant seks permission to amend his application for urit of habers that is before the court with this memorandum of law, and would show the following:

Appliant has filed his application for urit of habers compes seeking relief bervuse the Tebs Emend of Pricdns and Paroles revoked applicant's parole without providina applicant a parole revocation hearing vichtung his due process rights, shatites governing porole heaing and sanctions of State of Tebs, and with federal constitutionsl due pucess princiods. V.T.C.A., Eent. Cote 88 508.231, 508.283; U.S.C.A. Cont. Amend. H: Title 37, Part 5, Ch. 146 . Rules 8446.

Statutes governing prade hearing (evocation) and sanctions require a revocation having before a panel of the Emend or Pärdons and prades. V.T.C.A., Eent. Cote 88 508.281, 508.283; Title 37, Part 5, Ch. 146 , Rules 8146.

Federal constitutional due process principles require that a prirolee (singleton) have an opportunity to be heord before a final decision of revocation of prade by prarte bourd pmel. Morcissey v. Brewer 408 U.S. 471, 487-88, 93 S.C. 2583 (1972).

II

The Appliant was granted prade by Tebs Eend of Pärdons and Prates on August 13, 2014 and was release on prade. Please see Prcale Certificate attached.

*3 August 11, 20M. Appliont was arrested on a ument issued Septenber 11, 20M. Appliont was returned back to TICO-CID on September 30, 20M, without a parote revocation hearing stating what conditions or rules appliont had violated preainino to the Parole Certificate appliont had signed before his retaree from prison. Appliont was returned to Pyid unit where he was process, and still uws not affected a revocation hearing on his request, or given a chance to be heard, present evidence of his behalf, or given repesentation by crumet.

This Honorable Court has conchutel in Es Parte Catham, 59 S.W. 3 d (277, 678 (Text.Cim.App. 2001), " held that revocation of parole without a hearing violated both stututes governing parole hearing and sanctions and federal constitutional due process." at 677. This court ruled in Es Parte Catham, at 678 , also. "We therefore, hold that the revocation of Catham puede without a hearing was inconsistent with Sections 508, 281 and 508,283 and federal constitutional due process princtiodes, Haber corpus relief is granted, the order revoking Cathamis puede shall be set aside, and this case is remanded to the Board for proceeding consistent with this opinion."

In the case before the court applicant Singleton was not provided a revocation hearing just as Catham. Applicant Singleton was arrested, detained and sent back to prison in a week times without a revocation hearing. Applicant Singleton was granted parole on August 15, 2014. Please see parole certificate attached. Singleton has provided the state thru the Tawis County District Attorney

*4 as required by rules of 11.07 to respond to his claim. The District Attorney failed to respond or present the 11.07 to the 167 Judicial District Court of Trails County, Texas. Without the trial courts authority the District Attorney demanded applicants Singleton 11.07 to this court.

FRANK Applicant Singleton has not had a parole revocation hearing. He has been illegally detained back in prison after being granted parole, for a year. Applicant Singleton did not violate any rules of his parole conditions. Applicant praus for his immediately release. In the alternative this case should be reminded back to the trial court to determine whether applicants' parde was revoked without a revocation hearing.

Respectfully submitted, Haceld Singleton - Applicant * 234.46 - Ramsey 1 Unit 1100 FM 655 Rusharon, TX 77583 Cathlone of Service I. Haceld Singleton, certify that a true and correct copy of applicants' memorandum of law has been mailed to Trails County District Attorney on this the 4 day of September, 2085.

Haceld Singleton Haceld Singleton * 234.46

*5

State of Uexas TeXAS DEPARTMENT OF CHINIMAL JUSTICE PANNems and Panels Division

Certificate of Parole

Date of ispugnose: $07/26/2016$

Name

SINGLETON, NAROLD L Legal county of residence TRAVIS Location: Unit DA, TDCJ-ID

Causes:

The Texas Department of Criminal Justice Institutional Division (TDCJ-ID) of the State of Texas has determined that said offender is eligible for Parole under the provisions of Chester 546, Texas Gov't. Code. TODERARE, the Texas Board of Parnass and Paroles (Board) hereby orders that said offender be released under Parole and shall immediately report to the office indicated being for supervision:

AUSTIN CENTER

3156 EAST HWY 71 DEL VALUE, TX 70617 (512)386-5722

Report immediately &; directly to your halfway house (HWH). If verifiable transportation delays or other emergency occurs, contact the HWH immediately. Failure to do so will cancel further gate money and result in the issuance of arrest warrant.

STATUTERILY MANDATED CONDITIONS

Unless otherwise provided, I shall reside in the county in which I resided at the time I committed the offense for which I was sentenced to the institutional division or the county of the offense for which I was sentenced to the institutional division if I was not a resident of the State of Texas. I shall demonstrate an educational skill level that is equal to or greater than the average skill level of students who have completed the sixth grade in a public school in the State of Texas. I shall submit to testing for alcohol or controlled substances. I shall not communicate directly or indirectly with the victim; go to or near the residence, place of employment, or business of the victim; or go to or near a school, day-care facility, or similar facility where a dependent child of the victim is in attendance. I shall not intentionally or hnowingly communicate directly or indirectly with, nor intentionally or hnowingly go near a residence, school. Since of employment, or business of the offense for which I was sentenced to the institutional division. I shall reimburse the State of Texas for the costs of any Post-Secondary Educational Programs in which I participated in TDCJ. HOWE HOLLING EXPLICATION FROM AN SUBSTITUTION WITHIN. I shall participate in a drug or alcohol continuum of care treatment program. I shall register as a sex offender under Chester 82, State of Criminal Procedure. I shall not go in, on or within a distance specified by a parole panel of premises where children commonly gather, nor shall I supervise or participate in any Program that produces no participants or residents; persons who are 17 years of age or younger, and I shall attend psychological counseling as specified by my supervising officer. I shall receive not less than 300 hours of community service at a service project designated by a parole panel.

SPECIAL CONDITIONS 1 - I shall submit to a substance (alcohol/ norethine) treatment program, which may include urinalysis monitoring, attendance at scheduled counseling sessions, driving restrictions or any of the related components as directed by the supervising parole officer; $Y$ - I shall comply with Electronic Monitoring program.

I Pornis is satisfactorily completed, menious expiration date will be:

TDCJ-ID

$00234496$ ${01077244}^{\circ }$ 0.774,0.202,0.908,0.259

*6

Partificate of Parole General conditions of parole release

HOME
SINGLETON, HAROLD L

TDC. 8

$00254496$ 00254496 In consideration of the Parole granted us by the Board, I do hereby accept such Parole. I revopuise that wy release is conditionel based uson wy performance of the following teras and conditions:

1. I shall umon release from the institution, report immediately, as instructed to wy Parole officer; thereafter, report as directed and follow all instructions from wy Parole officer.
2. I shall consult no offences against the laws of this State or of any other State or of the United States.
3. I shall reside in a specified place as approved by wy supervising officer.
4. I shall not travel outside the State of Texas without the approval of wy supervising officer.
5. I shall not unlovfully oun, possess, ups, seals, nor have under wy control any voppen or illegal voppen.
6. I shall eceit persons or places of discomptable or harmful character.
7. I shall not enter into any agreement to act as "informer" or special agent for any law enforcement agency without specific written approval of the Parole Division Director or oyeipmen.
8. I shall chinn by all Special Conditions imposed uach as by the Board.
9. General Provisions: A. I hereby agree to which by all rules of Parole supervision imposed by Texas or the receiving state including, but not limited to, the requirement that I appear of any heatings or proceedings concerning alleged risizations of Parole as required by the law of the receiving state, any state in which I may be found or the State of Texas. I further agree and consent that the receiving state, if I as under the Intovalele Compect for Adult Offender Supervision, or any state wherein I may be found while on Parole or under Parole jurisdiction, may conduct such heatings as deemed necessary, oroner or which may be required by law. B. In the event I as granted the orjellage of residing in and being under the supervision of any other state or territory under the Intovatec Compect for Adult Offender Supervision purguent to Texas Government Code, Section 510.27 and/or rules enacted by the Intovalee Commission on Adult Offender Supervision and if for any reason I may be outside of the State of Texas in violation of the terms and conditions of parole supervision I hereby agree to make asternation in the State of Texas from any other state or territory jurisdiction in or outside of the United States where I may be found. I fother agree that I will not in any manner contest any effort by the State of Texas, the receiving state or territory or any other state or territory jurisdiction in or outside the United States, to return us to the State of Texas. C. I shall pay, during the period of wy supervision, any and all outstanding fines, court costs and fees adjudged against us, to the clerk of the court of conviction, and I agree to provide wy Parole officer with documentation verifyingy payment of said amounts. I shall pay a supervision fee for such month that I as required to report to a Parole officer as instructed by wy Parole officer. D. In the event I as placed in or allowed to reside in a halfway house or onmonthly residential facility, I hereby agree to go directly to and reaide in the facility designated by the Parole Division until released by the Division. I shall while by the rules of the facility and attend all required meetings. I shall not leave the physical confines of the facility and the property thereof, except for traveling to and from work, or as authorized by facility rules. During wy stay, I shall pay 250 of my gross income to the facility if required. I shall leave all boys to any water vehicle that I have use of with facility staff when the water vehicle is not in use. E. As required by the Board, I shall obtain and keep in ny possession a Texas Department of Public Safety (DPS) Personal Identification Card or Driver's License. I shall present said identification to law enforcement or Texas Department of Criminal Justice officials upon request. F. If I am released to a detaine and expected outside the international borders of the United States enter to the repulous confration date shown on this Release Certificate, I shall not enter the United States unlawfully. In the event that I gain lawful entry into the United States, I shall report immediately, as instructed to the office shown on this Release Certificate, if at any time enter to the previous confration date shown on this Release Certificate said detaining agency fails to exercise custody, I shall immediately upon release (within 24 hours) report as instructed to the office shown on this Release Certificate.

I thereby cederify that I fully understand and agree to be bound by each of the conditions under which I as being released. I further understand and agree that a violation or refusal to comply with any of the conditions of supervision may be sufficient vay be for recreation of supervision. I understand that when a warrant or a moment is issued that the sentence 100 credit shall be suspended until a determination is made in such case and such suspended tlae credit may be reinstated should supervision be continued. I understand and adREE that will under Purification I obtain in the LeGAL Current of the Radio Division of the Texas Department of Criminal Justice subject to the release of the Radio and Radio Division. adREED and S10nED

$X_{100}{182}^2{4}^4$

HAROLD L SINGLETON I hereby certify that these rules, regulations and conditions have been adopted to the releasee and he/she has agreed to akide by the case upon release.