DocketNumber： WR-63,688-01
Filed Date： 6/7/2006
Status： Precedential
Modified Date： 9/15/2015
CAUSE NO. 3935-W-1 IN THE 84TH DISTRICT COURT
OCHILTREE COUNTY
Per curiam.
This is an application for a writ of habeas corpus that was transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offense of possession of a controlled substance and sentenced to confinement for eighteen months. No direct appeal was taken.
Applicant contends that he was forced to plead guilty because, as an African-American, he was threatened and intimidated by white inmates in the Ochiltree County jail. He also contends that counsel was ineffective for advising him to plead guilty. The trial court has not entered findings of fact or conclusions of law. We believe that Applicant has alleged facts that, if true, might entitle him to relief. Therefore, it is this Court's opinion that additional facts need to be developed, and because this Court cannot hear evidence, the trial court is the appropriate forum. The trial court shall resolve those issues as set out in Tex. Code Crim. Proc. art. 11.07, § 3 (d), in that it may order affidavits, depositions, or interrogatories from counsel and the Ochiltree County Sheriff's Department; or it may order a hearing. In the appropriate case the trial court may also rely on its personal recollection.
If the trial court elects to hold a hearing, the court shall first decide whether Applicant is indigent. If the trial court finds that Applicant is indigent and Applicant desires to be represented by counsel, the trial court shall then, pursuant to the provisions of Tex. Code Crim. Proc. art. 26.04, appoint an attorney to represent him at the hearing.
Following receipt of additional information, the trial court shall make findings of fact as to whether Applicant was threatened or intimidated by white inmates in the Ochiltree County jail and, if so, whether Applicant, as a result, was forced to plead guilty. The trial court shall then make findings of fact as to whether counsel was ineffective for advising Applicant to plead guilty. The trial court shall also make any further findings of fact and conclusions of law it deems relevant and appropriate to the disposition of the application for writ of habeas corpus.
Because this Court does not hear evidence, Ex Parte Rodriquez, 334 S.W.2d 294 (Tex. Crim. App. 1960), this application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. Resolution of the issues shall be accomplished by the trial court within 90 days of the date of this order. (1) 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 returned to this Court within 120 days of the date of this order. (2)
IT IS SO ORDERED THIS THE 7TH DAY OF JUNE, 2006.
DO NOT PUBLISH
1. 2.