Dozier, Frank Herbert Jr.

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-88,139-01 AND WR-88,139-02
EX PARTE FRANK HERBERT DOZIER JR., Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 26394 HC-1 AND 26393 HC-1 IN THE 6TH DISTRICT COURT
FROM LAMAR 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 possession
with intent to distribute methamphetamine and possession of marihuana, and he was sentenced to
terms in prison. The Sixth Court of Appeals affirmed the convictions. Dozier v. State, Nos. 06-16-
00030-CR and 06-16-00031-CR (Tex. App.—Texarkana del. Feb. 24, 2017).
In his habeas applications, Applicant contends, inter alia, that his trial counsel rendered
ineffective assistance. Trial counsel has supplied an affidavit, but several issues remain unresolved.
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.
2
The trial court shall order trial counsel to respond to Applicant’s claim that counsel failed
to challenge the search warrants for Applicant’s residence and for a “stash house” where a vehicle
was also searched. Trial counsel shall also respond to Applicant’s claim that counsel failed to request
an accomplice-witness instruction regarding witness Diedra Sims. Applicant’s remaining claims lack
merit. To obtain counsel’s response, 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 supplement the habeas record with copies of the search warrants and
supporting affidavits. The trial court shall make findings of fact and conclusions of law regarding
whether trial counsel was deficient and whether Applicant suffered resulting harm. Strickland v.
Washington, 466 U.S. 668 (1984). The trial court may also make any other findings of fact and
conclusions of law it deems relevant and appropriate to the disposition of Applicant’s claims for
habeas corpus relief.
The 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 shall be
obtained from this Court.
Filed: November 14, 2018
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