Dufner, Bradley Dale

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,297-01
EX PARTE BRADLEY DALE DUFNER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 18401-A (1) IN THE 329TH DISTRICT COURT
FROM WHARTON 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 aggravated
assault of a public servant in exchange for deferred adjudication community supervision. He was
later adjudicated guilty and sentenced to ten years’ imprisonment. A new trial was granted, and he
was again adjudicated guilty and this time sentenced to eight years’ imprisonment. He did not
appeal his conviction.
Applicant contends that his trial counsel rendered ineffective assistance because counsel
would not allow Applicant’s wife to testify on his behalf, but advised Applicant to plead guilty in
exchange for deferred adjudication community supervision. Applicant alleges that his wife would
have provided exculpatory testimony. He also alleges that video from the complainant’s polie
vehicle would have showed that he did not strike the complainant. Applicant alleges that counsel
would not allow Applicant’s wife or family members to be present or testify at the adjudication
hearing, and promised Applicant that he would receive nine months in a rehabilitation facility if he
pleaded “true.” Applicant alleges that after he was adjudicated guilty and sentenced to ten years’
imprisonment, he was coerced into waiving his right to appeal in exchange for a reduction of the
sentence to eight years’ imprisonment.
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 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 as to whether Applicant waived his right to appeal
in exchange for a reduction of his sentence after adjudication, and if so, shall supplement the record
with copies of any written waivers or plea agreements. The trial court shall also make findings of
fact and conclusions of law as to whether the performance of Applicant’s trial 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: June 10, 2015
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