Larkin, Bruce William ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,499-01
EX PARTE BRUCE WILLIAM LARKIN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 25315 IN THE 6TH DISTRICT COURT
FROM LAMAR 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 possession of a controlled substance in a drug
free zone and sentenced to ten years’ imprisonment. He did not appeal his conviction.
Applicant contends that his trial counsel rendered ineffective assistance by failing to investigate the
distance between the offense location and the alleged drug free zone and by coercing him into pleading guilty
by telling him he would receive a forty-five year sentence if he did not accept the plea offer.
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,
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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 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 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 must be requested by the trial court and shall be
obtained from this Court.
Filed: March 29, 2017
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