DocketNumber: WR-80,859-01
Filed Date: 3/12/2014
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 intoxication manslaughter, and originally received eight years of community supervision. His community supervision was later revoked, and he was sentenced to four years' imprisonment. He did not appeal his conviction.
Applicant contends, among other things, that his revocation counsel rendered ineffective assistance because counsel did not challenge the allegations in the motion to revoke, did not present available defenses to those allegations, and did not appeal from the revocation. The record indicates that Applicant pleaded "true" to numerous violations of the terms of his community supervision, but does not show whether his plea of "true" was entered in exchange for an agreed punishment recommendation. Furthermore, the record does not show why Applicant was still on community supervision more than eight years after the date the community supervision was originally imposed.
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 revocatoin counsel to respond to Applicant's claims 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 first supplement the habeas record with copies of any prior motions to revoke, extensions or modifications of the terms of Applicant's community supervision. In addition, the trial court shall supplement the habeas record with any relevant documents, including plea agreements or transcripts of the revocation hearing. The trial court shall make findings of fact and conclusions of law as to whether the performance of Applicant's revocation counsel was deficient and, if so, whether counsel's deficient performance prejudiced Applicant. 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 be obtained from this Court.
Filed: March 12, 2014
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