Pettigrew, Kendrick Lamar ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,886-01
EX PARTE KENDRICK LAMAR PETTIGREW, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 114-1595-15-A IN THE 114TH DISTRICT COURT
FROM SMITH 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 driving while
intoxicated - 3rd or more habitual and sentenced to twenty-five years’ imprisonment. He did not
appeal his conviction.
On November 9, 2016, this case was remanded for an affidavit from trial counsel and
findings from the trial court as to whether trial counsel gave Applicant incorrect parole advice which
induced Applicant to plead guilty. On December 20, 2016, we received a motion to withdraw this
application filed by Applicant’s appointed habeas counsel.
2
Before disposing of Applicant’s motion, we believe that the record should be developed. The
trial court shall order Applicant to file a response and state his reasons for wanting to dismiss his
application. The trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
It appears that Applicant is represented by counsel. The trial court shall determine whether
Applicant is represented by counsel, and if not, 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.
After reviewing Applicant’s response, the trial court shall determine whether it is credible.
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 motion to dismiss.
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: January 11, 2017
Do not publish