Coleman, Tony Jerome ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,996-01
EX PARTE TONY JEROME COLEMAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W04-73103-Y(A)
IN THE CRIMINAL DISTRICT COURT NO. 7 FROM DALLAS 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 aggravated sexual
assault of a child and sentenced to six years’ imprisonment. He did not appeal his conviction.
Applicant contends that his trial counsel rendered ineffective assistance because counsel
incorrectly advised Applicant that he would be credited with pre-sentence jail time for time spent
in jail as a condition of probation. Applicant alleges that he would not have accepted the plea
agreement but for this incorrect advice.
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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 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 make specific findings addressing whether
Applicant asked counsel about credit for time spent in jail as a condition of probation and, if so, how
counsel advised him about his eligibility for that time. 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. The habeas record does not
contain copies of most relevant court documents, including the docket sheet, plea papers, indictment,
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and judgment. TEX . R. APP . P. 73.4(b)(4) (effective Jan. 1, 2014). The supplemental record shall also
contain all other relevant court documents required by Rule of Appellate Procedure 73.4(b)(4). Any
extensions of time shall be obtained from this Court.
Filed: September 24, 2014
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