Robinson, Sherman

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,938-01
EX PARTE SHERMAN ROBINSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2015CR5888-W1 IN THE 187TH DISTRICT COURT
FROM BEXAR COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of a felon in
possession of a firearm and sentenced to ninety-nine (99) years’ imprisonment. The Fourth Court
of Appeals affirmed his conviction. Robinson v. State, No. 04-16-00309-CR, 2017, at *1 (Tex. App.
— San Antonio June 14, 2017) (not designated for publication).
Applicant contends, among other things, that his trial counsel rendered ineffective assistance
by not preparing for trial, by not investigating and objecting to the enhancements, by advising him
to plead true to bad enhancements, by failing to obtain a ruling on his motion to suppress, and by
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failing to object to false testimony. He also alleges that the enhancements used in his case were not
eligible to be used against him.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). In these
circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294
(Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. The trial court
shall order trial counsel to respond to Applicant’s claims of ineffective assistance of counsel,
specifically addressing if he conducted any investigation in confirming the eligibility of the
enhancement allegations, and if so, what led to his determination that they were valid. The trial court
may use any means set out in TEX . CODE CRIM . PROC. art. 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 wishes to be represented by counsel, the trial court shall appoint an
attorney to represent Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make supplemental findings of fact and conclusions of law as to: 1) the
merits of Applicant’s suppression argument and whether, had the court denied the motion to
suppress, it would have committed error; 2) whether the enhancement allegations were eligible to
be used, and if not, were there alternative convictions that could have been used; 3) whether the
police officer’s testimony regarding what the Applicant was wearing was false, and if so, was it
material; and 4) whether the performance of Applicant’s trial counsel was deficient and, if so,
whether counsel’s deficient performance prejudiced Applicant. The trial court shall also make any
other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition
of Applicant’s claim for habeas corpus relief.
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This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time must
be requested by the trial court and shall be obtained from this Court.
Filed: June 26, 2019
Do not publish