Caudill, Michael Anthony ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,166-01
EX PARTE MICHAEL ANTHONY CAUDILL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR-4971-15-J(1) IN THE 430TH DISTRICT COURT
FROM HIDALGO 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 murder and
sentenced to twenty-five years’ imprisonment. He did not appeal his conviction.
Applicant contends, among other things, that his trial counsel rendered ineffective assistance
because he improperly advised Applicant that he could appeal pre-trial issues, and that without a
deadly weapon finding, the sentence would be “non-aggravated.”
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). The trial
2
court has entered findings of fact and conclusions of law, but they do not specifically address the two
aforementioned claims. 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 supplement his response to Applicant’s
claims 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 findings addressing how counsel
specifically advised Applicant as to his parole eligibility date in this case. The trial court shall also
make findings addressing whether Applicant executed a waiver of appeal1 and specifying how
counsel advised him about his appellate rights. Should the court determine that counsel erred, it shall
make further findings addressing whether, but for counsel’s error, Applicant would have insisted on
a trial. 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
1
Though the docket sheet reflects a certification of appellate rights, the habeas record
does not contain the document.
3
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: December 19, 2018
Do not publish