Bryant, Becky Michelle ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,597-01
EX PARTE BECKY MICHELLE BRYANT, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W 15-40216-M(A) IN THE 194TH DISTRICT COURT
FROM DALLAS COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to theft in exchange for deferred adjudication community
supervision. She was later adjudicated guilty and sentenced to twenty months’ state jail
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, among other things,1 that her plea of “true” at adjudication was
involuntary because adjudication counsel failed to consult with her about strategy, reached an
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This Court has reviewed Applicant’s other claim and finds it to be without merit.
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agreement with the State without consulting with Applicant, and when that agreement was rejected
by the trial court, entered an open plea on Applicant’s behalf without consulting her. The State in
its response indicates that Applicant entered a plea of “true” in exchange for an agreed sentence. The
record does contain a plea agreement signed by Applicant and approved by the trial court. However,
the judgment adjudicating guilt reflects that Applicant entered an open plea, and Applicant’s
sentence after adjudication is not consistent with the sentence described on the plea agreement.
Applicant has alleged facts that, if true, might entitle to relief. Hill v. Lockhart, 474 U.S. 52(1985); Ex parte Argent, 393 S.W.3d 781 (Tex. Crim. App. 2013). 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 adjudication counsel to respond to Applicant’s claims.
Specifically, counsel shall state whether he consulted with Applicant prior to adjudication and
advised her of her options for resolving the motion to adjudicate. Counsel shall state whether an
agreement was negotiated with the State, and if so, whether that agreement was explained to
Applicant, and whether the trial court approved that agreement. If the trial court rejected an
agreement reached by the parties, trial counsel shall state whether Applicant was afforded the
opportunity to withdraw her plea of “true.” 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 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
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performance was deficient and Applicant would have insisted on a contested adjudication hearing
but for counsel’s alleged deficient performance. The trial court shall make findings of fact as to
whether Applicant pleaded “true” pursuant to a plea agreement, or whether she entered an open plea
as reflected on the judgment. The trial court may make any other findings and conclusions that it
deems appropriate in response to Applicant’s allegations.
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
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