Hogg, Jerry Wayne ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,544-01
EX PARTE JERRY WAYNE HOGG, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 14-7444-A IN THE 106th DISTRICT COURT
FROM DAWSON 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 driving while
intoxicated and sentenced to ten years’ imprisonment. The Eleventh Court of Appeals dismissed the
appeal concerning his conviction. Hogg v. State, No. 11-16-00144-CR (Tex. App.—Eastland June
16, 2016) (not designated for publication).
Applicant contends that his trial counsel rendered ineffective assistance because, among other
things, she failed to investigate, erred in advising Applicant to turn down the State’s plea offer, and,
through her actions and inactions, coerced Applicant into entering into a plea of guilty.
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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). 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). In the
appropriate case, the trial court may rely on its personal recollection. Id.
It appears from the record that Applicant is currently represented by counsel. However, if
this is no longer true, and 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 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: April 12, 2017
Do not publish