Carnes, Rodney Bryant

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,695-02
EX PARTE RODNEY BRYANT CARNES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. B16636-2 IN THE 198TH DISTRICT COURT
FROM KERR 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 pleaded guilty to evading arrest
with a motor vehicle, and was sentenced to fifty years’ imprisonment. He did not appeal his
conviction.
Applicant contends that his trial counsel rendered ineffective assistance because trial counsel
failed to communicate a fifteen-year plea offer to him, and that his guilty plea was not knowingly
and voluntarily entered because he was not aware of this first plea offer. According to Applicant,
the fifteen-year offer was made by the State before he was arrested for this offense. Applicant
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alleges that his original appointed counsel communicated a later 25-year offer to him, which he
rejected. However, Applicant alleges that he would have accepted a fifteen-year offer had he known
about such an offer. Applicant later retained a different attorney, who negotiated the fifty-year plea
offer that Applicant eventually accepted. Applicant also alleges that his retained attorney did not
advise him of the previous fifteen-year offer or try to get such an offer reinstated.
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 the trial prosecutor to submit an affidavit detailing all plea offers that were extended in
this case, the dates when any such offers were extended and withdrawn, and Applicant’s response
to any such offers. The trial court shall order both Applicant’s appointed and retained trial attorneys
to respond to Applicant’s claims of ineffective assistance of counsel. Specifically, both attorneys
shall detail all plea offers that were made during their respective representations, the dates upon
which such offers were made and/or withdrawn, whether Applicant was advised of any such offers,
and whether he declined any such offers in writing. 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
performance of Applicant’s trial attorneys was deficient and, if so, whether either attorney’s deficient
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performance prejudiced Applicant. The trial court shall make findings of fact and conclusions of
law as to whether Applicant’s allegation that he would have accepted a fifteen-year offer had he been
made aware of such an offer is credible, and as to whether Applicant’s eventual decision to plead
guilty in exchange for a fifty-year sentence was knowingly and voluntarily made. 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 must
be requested by the trial court and shall be obtained from this Court.
Filed: October 2, 2019
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