Garrett, Roger Evan ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-87,044-01
EX PARTE ROGER EVAN GARRETT, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 20130D01613-168-1 IN THE 168TH DISTRICT COURT
FROM EL PASO 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 was convicted of murder and
sentenced to forty years’ imprisonment. The Eighth Court of Appeals affirmed his conviction.
Garrett v. State, No. 08-13-00323-CR (Tex. App.—El Paso Nov. 4, 2015).
Applicant contends, among other things, that both his trial and appellate counsel rendered
ineffective assistance. He alleges that trial counsel was ineffective for failing to adequately explain
the plea offer of probation and failing to explain his full exposure for punishment, failing to
challenge a disqualified juror, failing to interview and present witnesses, and admitting Applicant’s
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guilt, without his permission or consultation, in an attempt to obtain a sudden passion instruction.
He alleges that appellate counsel was ineffective for failing to challenge a disqualified juror and
failing to challenge the deadly weapon finding and the fine listed on his judgment.
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 both trial and appellate counsel to respond to Applicant’s claims of ineffective assistance
of counsel. 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 Applicant 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 the
performance of Applicant’s trial counsel was deficient and, if so, whether counsel’s deficient
performance prejudiced Applicant. The trial court shall also make findings of fact regarding the
performance of appellate counsel and whether that counsel was deficient and, if so, whether that
performance prejudiced Applicant. 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
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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 must
be requested by the trial court and shall be obtained from this Court.
Filed: July 26, 2017
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