DocketNumber： WR-81,093-02
Filed Date： 4/9/2014
Status： Precedential
Modified Date： 9/16/2015
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-81,093-01 & -02 & -03
EX PARTE FREDRICK LAMAR SHAVERS, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. W07-30507, W07-30512 & W07-30518
IN THE 2ND DISTRICT COURT FROM DALLAS COUNTY
Per curiam.
O R D E R
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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three cases of sexual assault of a child and sentenced to fifteen years’ imprisonment in each case. He did not appeal his convictions.
Applicant contends that trial counsel was ineffective and that his pleas were involuntary because counsel failed to investigate the facts of the cases, failed to call defense witnesses who would have provided a viable defense, and counsel conceded guilt to the media, thereby preventing Applicant from withdrawing his guilty pleas. Applicant has alleged facts that, if true, might entitle him to relief. 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 and involuntary pleas. The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d). In the appropriate case, the trial court may rely on its personal recollection. Id.
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 findings of fact and conclusions of law in regard to Applicant’s claim that his pleas were involuntary. The trial court shall also make findings of fact and conclusions of law as to whether counsel: (1) failed to investigate the facts of the cases, (2) failed to call witnesses that could provide a viable defense, (3) threatened Applicant with a sentence of 120 years if he took the cases to trial; and, (4) whether counsel deprived Applicant of any opportunity to withdraw his pleas or receive fair trials by conceding Applicant’s guilt to the media. 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 claims for habeas corpus relief.
These applications 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 shall be obtained from this Court.
Filed: April 9, 2014
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