Watts, Korbin

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,863-01
EX PARTE KORBIN WATTS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 11-CR-0955-G IN THE 319TH DISTRICT COURT
FROM NUECES 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 was convicted of possession of
methamphetamine with intent to deliver and sentenced to life imprisonment. The judgment was
affirmed on direct appeal. Watts v. State, No. 13-11-00476-CR (Tex. App.—Corpus Christi-
Edinburg Aug. 23, 2012) (not designated for publication).
Applicant contends, among other things, that his open plea was involuntary because counsel
did not correctly advise him of the applicable punishment range. The writ record contains no record
of admonishments and no response from counsel. Applicant has alleged facts that, if true, might
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entitle him to relief. 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 involuntary plea
claims. 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 in regard to Applicant’s
claim that his plea was involuntary. The trial court shall make specific findings addressing counsel’s
advice to Applicant about the applicable punishment range. 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 plea
papers, the record from Applicant’s guilty plea, 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: October 1, 2014
Do not publish