Isaacson, David Mark

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,373-02
EX PARTE DAVID MARK ISAACSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR2009-141 IN THE 207TH DISTRICT COURT
FROM COMAL 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 two counts
aggravated assault on a peace officer and sentenced to fifteen years’ imprisonment on each count.
The Third Court of Appeals affirmed his conviction. Isaacson v. State, No. 03-10-00866-CR (Tex.
App.—Austin May 10, 2013) (not designated for publication).
Applicant contends, among other things, that his trial counsel rendered ineffective assistance
because he did not convey a plea offer.
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Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984); Ex parte Argent, 393 S.W.3d 781, 784 (Tex. Crim. App. 2013). 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 claim of ineffective assistance of counsel. 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 as to whether the counsel
conveyed all plea offers made in this case. If the trial court finds that counsel did not timely convey
a plea offer, the trial court shall also make findings detailing whether Applicant has shown by a
reasonable probability that: (1) he would have accepted the offer; (2) the prosecution would not have
withdrawn the offer; and (3) the trial court would not have refused to accept the plea bargain. 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.
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 shall
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be obtained from this Court.
Filed: January 14, 2015
Do not publish