Smith, Robert Allen

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-88,933-03 & 88,933-04
EX PARTE ROBERT ALLEN SMITH, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. CVHC-XX-XXXXXXX & CVHC-XX-XXXXXXX
IN THE 198TH DISTRICT COURT
FROM BANDERA 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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts
of possession of methamphetamine and sentenced to ten and forty years’ imprisonment. The Fourth
Court of Appeals dismissed his appeals. Smith v. State, Nos. 04-18-00242-CR & 04-18-00243-CR
(Tex. App.—San Antonio June 6, 2018) (not designated for publication).
Applicant contends, among other things, that he repeatedly told counsel he was not guilty and
that counsel failed to request a speedy trial, communicate with Applicant, and ask Applicant whether
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he wanted to file an appeal after sentencing. In a separate ground, Applicant contends that his pleas
were involuntary.
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 ineffective assistance of counsel and 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 him at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether (1) counsel’s
conduct was deficient at the no-contest and adjudication-of-guilt stages of trial; (2) Applicant was
prejudiced and his pleas were rendered involuntary; and (3) Applicant was denied his right to appeal
after being sentenced because counsel failed to ask whether he wanted to appeal or to file notices of
appeal. 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 claims for habeas corpus relief.
These applications 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 must be
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requested by the trial court and shall be obtained from this Court.
Filed: November 14, 2018
Do not publish