Bedoy, Austin Craig ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,912-01
EX PARTE AUSTIN CRAIG BEDOY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. B18870-1 IN THE 198TH DISTRICT COURT
FROM KERR COUNTY
Per curiam.
ORDER
Applicant was convicted of heroin possession and sentenced to ten 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 guilty plea was involuntary due to the ineffective assistance of
trial counsel. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v.
Washington, 466 U.S. 668 (1984). 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 order trial counsel to respond to Applicant’s claims. In developing the record, the trial court
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may use any means set out in Article 11.07, § 3(d). The trial court shall make findings of fact and
conclusions of law as to whether Applicant’s guilty plea was involuntary. 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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