Rucker, Skeeter Ray ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,183-01
EX PARTE SKEETER RAY RUCKER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. L-14-0122-CR-HC1 IN THE 156TH DISTRICT COURT
FROM LIVE OAK COUNTY
Per curiam.
ORDER
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 pleaded guilty and was convicted
of evading arrest. He was sentenced to thirty years’ imprisonment. He did not appeal his conviction.
Applicant contends that he was not given notice of an extraneous offense used against him.
The indictment charges Applicant with evading arrest using a vehicle and allege two sequential
felony convictions. As charged, this offense is a state jail felony. TEXAS PENAL CODE
§38.04(1)(B). The indictment does not allege any serious bodily injury, nor does it allege that
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Applicant had been previously convicted of evading arrest. As indicted, this charge would be subject
to a punishment range of 2-20 years’ incarceration. TEXAS PENAL CODE §12.425(b). Applicant’s
sentence may be outside of the applicable punishment range.
Applicant has alleged facts that, if true, might entitle him to relief. 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 may use any
means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d). 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 Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law in regard to whether
Applicant was previously convicted of evading arrest. The trial court shall make findings as to
whether Applicant was aware of the proper punishment range for the offense. 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. 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 120 days of the date of this order. Any extensions of time shall
be obtained from this Court.
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Filed: December 9, 2015
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