DocketNumber： WR-76,629-01
Filed Date： 11/9/2011
Status： Precedential
Modified Date： 9/16/2015
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 three counts of possession with the intent to deliver a controlled substance and was sentenced to fifteen years' imprisonment on each count. He did not appeal his convictions.
Applicant contends, among other things, that his plea was rendered involuntary and that his sentences are illegal. The trial court found that Applicant's sentences in two of the counts are illegal. The trial court, however, did not specifically address whether Applicant's plea was rendered involuntary.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Hill v. Lockhart, 474 U.S. 52 (1985). 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 may provide Applicant's trial counsel with a second opportunity to respond to Applicant's claim. 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 him at the hearing. Tex. Code Crim. Proc. art. 26.04.
The trial court shall make further findings of fact and conclusions of law as to whether trial counsel's failure to discover that the convictions alleged as punishment enhancements were not final was deficient, and whether Applicant would have insisted on a trial had counsel informed him that his punishment could not have been enhanced. 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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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. A copy of the plea papers shall also be returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.
Filed: November 9, 2011
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