Carter, Roger Dale ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-85,060-01 & WR-85,060-02
EX PARTE ROGER DALE CARTER, Applicant
ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS
CAUSE NOS. 09-03-02825-CR & 09-03-02827-CR
IN THE 359TH DISTRICT COURT FROM MONTGOMERY COUNTY
A LCALA, J., filed a concurring opinion in which J OHNSON and R ICHARDSON,
JJ., joined.
CONCURRING OPINION
I respectfully concur in the Court’s order that remands this pro se habeas application
to the convicting court for further development of the record regarding applicant’s complaint
that his sentences were improperly cumulated. I, however, would also instruct the habeas
court to consider applicant’s ineffective-assistance-of-counsel claim. For the reasons stated
in my dissenting opinions in Ex parte Garcia, No. WR-83,681-01, 2016 WL 1358947 (Tex.
Crim. App. Apr. 6, 2016) (Alcala, J., dissenting) and Ex parte Honish, No. WR-79,976-05,
2016 WL 3193384 (Tex. Crim. App. June 8, 2016) (Alcala, J., dissenting), I would remand
Carter - 2
this case to the habeas court for the appointment of counsel in the interests of justice and
permit counsel to amend applicant’s ineffectiveness-claim pleadings. Because this Court
remands only applicant’s improper-cumulation claim, I respectfully concur.
Filed: June 29, 2016
Do Not Publish