Jackson, Sheadrick Lee ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-93,622-01 & WR-93,622-02
EX PARTE SHEADRICK LEE JACKSON, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. CR03127 -HC-1 & CR03046 - HC 1
IN THE 6TH DISTRICT COURT FROM RED RIVER COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to unlawful possession of a weapon and assault, family violence
impeding breath. He was sentenced to twenty-five years’ imprisonment for the weapons charge and
ten years for the family violence charge. Applicant filed these applications for writs of habeas
corpus in the county of conviction, and the district clerk forwarded them to this Court. See TEX .
CODE CRIM . PROC. art. 11.07.
Applicant contends that his plea was involuntary because trial counsel failed to challenge the
enhancements, failed to file motions, failed to interview witnesses, and failed to investigate.
Applicant has alleged facts that, if true, might entitle him 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
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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 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 would have insisted on a trial but for counsel’s alleged
deficient performance. The trial court may make any other findings and conclusions that it deems
appropriate in response to Applicant’s claims. The trial court shall also supplement the record with
the document that gave Applicant notice of the enhancement allegations on the weapons charge.
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 6, 2022
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