Smith, Matthew ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,356-01
EX PARTE MATTHEW SMITH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 20150D03146-210-1 IN THE 210th DISTRICT COURT
FROM EL PASO 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
robbery and sentenced to ten years’ imprisonment. He did not appeal his conviction.
Applicant contends that he was “forced and coerced” into pleading guilty in exchange for a
ten year sentence in this case due to the trial court improperly inserting itself into the plea bargaining
process. Specifically, Applicant contends that the trial court threatened him with a life sentence, and
the ten year offer was made by the trial court and not the State. Applicant also contends that his trial
counsel rendered ineffective assistance because he failed to investigate and, after advising Applicant
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to reject an eight year plea offer from the State because he could win at trial, he advised Applicant
to accept a ten year offer from the trial court.
Applicant has alleged facts that, if true, might entitle him to relief. See Moore v. State, 295
S.W.3d 329 (Tex. Crim. App. 2009). See also 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 it improperly
interfered with the plea bargaining process. The trial court shall also 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
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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 1, 2017
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