Maddox, Jannifer Ann ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,123-02
EX PARTE JANNIFER ANN MADDOX, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 13-09-9463CR IN THE 2ND 25TH DISTRICT COURT
FROM LAVACA COUNTY
Per curiam.
ORDER
Applicant was convicted of aggravated robbery with a deadly weapon and sentenced to
twelve years’ imprisonment. Applicant did not appeal her conviction. Applicant 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 trial counsel was ineffective because he misrepresented the nature
of the case, failed to properly inform and advise Applicant, failed to investigate, failed to request a
lesser-included offense instruction, failed to request a competency evaluation, and coerced her guilty
plea, among others. Applicant has alleged facts that, if true, might entitle her to relief. Strickland
v. Washington, 466 U.S. 668 (1984). Accordingly, the record should be developed. The trial court
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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 may use any means set out in Article 11.07, § 3(d). If the trial court elects to hold a hearing,
it shall determine whether Applicant is indigent. If Applicant is indigent and wants to be represented
by counsel, the trial court shall appoint counsel to represent her at the hearing. See TEX . CODE CRIM .
PROC. art. 26.04. If counsel is appointed or retained, the trial court shall immediately notify this
Court of counsel’s name.
The trial court shall make findings of fact and conclusions of law as to whether trial counsel’s
performance was deficient and Applicant was prejudiced. The trial court may make any other
findings and conclusions that it deems appropriate in response to Applicant’s claims.
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: April 29, 2020
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