Hensley, Dustin Allen ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,252-01
EX PARTE DUSTIN ALLEN HENSLEY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1473696-A IN THE 208TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant was convicted of possession of child pornography and, after a period of deferred
adjudication probation, sentenced to eight years’ imprisonment. Applicant filed this application for
a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court.
See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends that plea was involuntary because he was incompetent to stand trial and
initial plea counsel did not investigate his competency or sanity and did not bring his psychological
issues to the attention of the court. Applicant has alleged facts that, if true, might entitle him to
relief. Brady v. United States, 397 U.S. 742 (1970). Accordingly, the record should be developed.
The trial court is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, §
2
3(d). The trial court shall order original plea counsel to respond to Applicant’s claim. In developing
the record, the trial court may use any means set out in Article 11.07, § 3(d). If the trial court elects
to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and
wants to be represented by counsel, the trial court shall appoint counsel to represent him at the
hearing. See TEX . CODE CRIM . PROC. art. 26.04. If counsel is appointed or retained, the trial court
shall immediately notify this Court of counsel’s name.
The trial court shall make findings of fact and conclusions of law as to whether Applicant’s
plea was involuntary. The trial court may make any other findings and conclusions that it deems
appropriate in response to Applicant’s claims.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: January 12, 2022
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