Pelloat, James Allen ( 2011 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NOS. WR-75,934-01, WR-75,934-02, WR-75,934-03 & WR-75,934-04

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EX PARTE JAMES ALLEN PELLOAT, Applicant

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ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 5591, 5593, 5617 & 5594 IN THE 1-A JUDICIAL DISTRICT COURT FROM NEWTON COUNTY

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   Per curiam. O R D E R  

   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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant entered into a plea agreement whereby he pleaded guilty to two charges of sexual assault of a child, and two charges of improper relationship between an educator and a student. He was sentenced to twenty years' imprisonment for each charge, with the sentences in two of the four charges running consecutively, and the other two sentences running concurrently. He did not appeal his convictions.

Applicant contends, inter alia, that the trial court lacked jurisdiction to entertain the plea agreement, that his pleas were not knowingly and voluntarily entered, and that his trial counsel rendered ineffective assistance because he failed to investigate and discover that one of the offenses to which Applicant pleaded guilty was not a separate crime at the time it was alleged to have been committed.

On June 22, 2011, this Court remanded to the trial court to obtain affidavits and findings addressing Applicant's allegations. On October 7, 2011, this Court received supplemental filings from the trial court, including an affidavit from trial counsel and the trial court's findings of fact. Both trial counsel in his affidavit and the trial court in its findings make reference to evidence that was provided to the defense prior to the entry of the pleas in these cases. That evidence apparently included statements by the complainants and Applicant himself. None of this evidence has been included in the habeas record.

The trial court shall supplement the habeas record with copies of any evidence, including statements of the complainants, other witnesses or Applicant himself, which show how long the offense alleged in cause number 5594 continued. The trial court shall make findings as to whether there was evidence that Applicant engaged in sexual contact with the complainant on a date after September 1, 2003, and that the complainant was enrolled in a school at which Applicant worked on that date. 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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: November 2, 2011

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