Jackson, Andre ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-66,910-02 AND WR-66,910-03
EX PARTE ANDRE JACKSON, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. D-1-DC-16-203428-A AND D-1-DC-16-301040-A
IN THE 403RD DISTRICT COURT FROM TRAVIS 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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated
robbery (the -02) and robbery (the -03), and the punishment range in each case was enhanced due
to a prior conviction.
The applications were remanded to the trial court. Counsel provided an affidavit, and the trial
court entered findings indicating that the punishment enhancement in each case was improper. This
Court requires additional fact finding, and the trial court is the appropriate forum for findings of fact.
Ex parte Rodriguez, 334 S.W.2d 294 (Tex. Crim. App. 1960),
2
The trial court shall make findings whether there were any other prior convictions that could
have been properly used for the punishment enhancement. Ex Parte Parrott, 396 S.W.3d 531 (Tex.
Crim. App. 2013). The trial court shall make findings resolving whether Applicant would have
rejected the plea offers had he known the proper ranges of punishment. Hill v. Lockhart, 474 U.S.
52 (1985).
To resolve these fact issues, 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.
These applications 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: May 15, 2019
Do not publish