Moore, Garry Leo ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-77,223-03
EX PARTE GARRY LEO MOORE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 17926-A IN THE 115TH DISTRICT COURT
FROM UPSHUR COUNTY
Per curiam.
ORDER
Applicant was convicted of possession of a controlled substance, less than one gram, cocaine
and sentenced to twenty years’ imprisonment. Applicant did not file a direct appeal. 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 failed to conduct a pre-trial
investigation, failed to object to the jury charge, failed to object to inadmissible evidence and to file
a motion to suppress the evidence, failed to impeach and cross-examine the State’s witnesses, and
failed to request a continuance. 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
2
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 claim. 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 him 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: March 17, 2021
Do not publish