Freeman, Phillip Henry

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,888-01
EX PARTE PHILLIP HENRY FREEMAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR32859-A IN THE 75TH DISTRICT COURT
FROM LIBERTY 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 escape and
sentenced to eighteen years’ imprisonment. He did not appeal his conviction.
Applicant contends that his plea agreement is unenforceable because it called for pre-
sentence jail time credits that TDCJ will not honor, rendering the guilty plea involuntary. He
contends that his sentence is illegal because the same conviction was used both to prove an element
of the offense and as an enhancement. Finally, he alleges that his trial counsel rendered ineffective
assistance because she allowed him to enter an unenforceable plea agreement for an illegal sentence.
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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 Wickware, 853 S.W.2d 571, 573 (Tex. Crim. App. 1993); McWilliams
v. State, 782 S.W.2d 871, 875–76 (Tex. Crim. App. 1990). 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).
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
Applicant’s plea was involuntary and whether his sentence is illegal. The court shall also make
findings of fact determining whether the performance of Applicant’s trial counsel was deficient and,
if so, whether counsel’s deficient performance prejudiced Applicant. In evaluating claims relating
to the applicable punishment range, the court shall consider whether the State knew of other prior
felony convictions that were available to enhance Applicant’s punishment. Ex parte Parrott, 396
S.W.3d 531 (Tex. Crim. App. 2013). 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
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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: October 24, 2018
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