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 2013-08

Callis, Lathaniel Rausean ( 2013 )


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  • IN THE COURT OF CRIMINAL APPEALS

    OF TEXAS



      

    NO. WR-79,561-01

    EX PARTE LATHANIEL RAUSEAN CALLIS, Applicant


    ON APPLICATION FOR A WRIT OF HABEAS CORPUS

    CAUSE NO. 99-6-6133 IN THE 24TH DISTRICT COURT

    FROM JACKSON COUNTY

    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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of robbery and sentenced to ninety-nine years' imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Callis v. State, No. 13-99-00635-CR (Tex. App.--Corpus Christi 2001, pet. ref'd).

    Applicant contends, among other things, that trial counsel failed to object when a juvenile "conviction" enhanced Applicant's sentence. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). 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 shall order trial counsel to respond to Applicant's claim. The trial court may use any means set out in Tex. Code Crim. Proc. art. 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 wishes to be represented by counsel, the trial court shall appoint an attorney to represent him at the hearing. Tex. Code Crim. Proc. art. 26.04.

    The trial court shall make findings of fact and conclusions of law as to whether: (1) in cause number 957, Applicant was adjudicated as a juvenile and found to have engaged in delinquent conduct; (2) Applicant's sentence was properly enhanced; (3) Applicant has other prior felony convictions that could have enhanced his sentence; (4) counsel's conduct was deficient; and (5) Applicant was prejudiced. 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.



    Filed: August 21, 2013

    Do not publish