DocketNumber： WR-63,599-02
Filed Date： 3/1/2006
Status： Precedential
Modified Date： 9/15/2015
FROM JOHNSON COUNTY
IN THE 18TH JUDICIAL DISTRICT COURT
TRIAL COURT CAUSE NO. F35159
Per curiam.
This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of driving while intoxicated - enhanced, and punishment was assessed at confinement for eighteen years. No direct appeal was taken.
Applicant contends that he was provided ineffective assistance of trial and appellate counsel and that his sentence is illegal.
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. Because this Court cannot hear evidence, the trial court is the appropriate forum. The trial court may resolve those issues as set out in Tex. Code Crim. Proc. art. 11.07, § 3 (d), in that it shall order affidavits, depositions, or interrogatories from both trial and appellate counsel, or it may order a hearing.
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 will 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 provided effective assistance of counsel at trial and on appeal; whether the instant offense was properly enhanced with valid prior convictions; whether probation was assessed for any offense alleged for enhancement in the indictment, and, if so, whether the probation was later revoked or the case was later dismissed prior to the offense date of the instant offense; whether trial or appellate counsel lodged any objection or raised any issue concerning any of the enhancement allegations; and whether Applicant has been assessed an illegal sentence. 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 1 DAY OF March, 2006.
DO NOT PUBLISH
1. 2.