Phillips, James Christopher ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,876-01
EX PARTE JAMES CHRISTOPHER PHILLIPS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 6880-A IN THE 39TH DISTRICT COURT
FROM HASKELL COUNTY
Per curiam.
ORDER
Applicant was convicted of Engaging in Organized Criminal Activity and sentenced to
nineteen years’ imprisonment. Applicant, through habeas counsel, filed this application for a writ
of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See
TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends that his plea was involuntary because trial counsel affirmatively
misadvised him as to parole eligibility. See Strickland v. Washington, 466 U.S. 668 (1984); Ex parte
Moussazadeh, 361 S.W.3d 684 (Tex. Crim. App. 2012). The trial court held an evidentiary hearing
and recommends that this Court grant habeas relief. The habeas record forwarded to this Court does
not indicate whether trial counsel knows of the habeas claims and was given an opportunity to
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respond. This Court normally requires that trial counsel be given an opportunity to respond before
this Court finds counsel to have provided ineffective assistance. Accordingly, the record should be
developed. The trial court is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art.
11.07, § 3(d).
The trial court shall provide trial counsel an opportunity to respond to the allegations of
ineffective assistance. In developing the record, the trial court may use any means set out in Article
11.07, § 3(d). The trial court shall make additional findings of fact and conclusions of law as to
whether Applicant’s plea was involuntary after considering counsel’s response, if any. The trial
court may make any other findings and conclusions that it deems appropriate.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: July 27, 2022
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