Martin, Jerrel Anthony ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,920-01
EX PARTE JERREL ANTHONY MARTIN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1443272-A IN THE 208TH DISTRICT COURT
FROM HARRIS 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 evading arrest
and sentenced to eight years’ imprisonment. His appeal was dismissed. Martin v. State, No. 01-15-
00015-CR (Tex. App.—Houston [1st Dist.] Mar. 10, 2015) (not designated for publication).
Applicant contends that his trial counsel rendered ineffective assistance because, among other
things, counsel mis-advised him about the potential punishment range.
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). Applicant’s
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attorneys filed responses to his claims, but 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 provide a
supplemental response to Applicant’s claim of ineffective assistance of counsel specifying the factual
basis for advice that Applicant could face imprisonment for between twenty-five and ninety-nine
years or life in this case. The trial court may use any means set out in TEX . CODE CRIM . PROC. art.
11.07, § 3(d). In the appropriate case, the trial court may rely on its personal recollection. Id.
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 supplemental findings of fact and conclusions of law as to whether
Applicant could have faced the habitual offender punishment range in this case. TEX . PENAL CODE
§ 12.42(d) (West 2014). Should the court determine that counsel erred, it shall make specific
findings determining whether counsel’s deficient performance caused Applicant’s decision to plead
guilty to be involuntary. 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
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be requested by the trial court and shall be obtained from this Court.
Filed: January 11, 2017
Do not publish