Walton, Donald Gene

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-89,089-03 & WR-89,089-04
EX PARTE DONALD GENE WALTON, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. CR17459-B & CR17461-B IN THE 271ST DISTRICT COURT
FROM WISE COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to burglary of a habitation and aggravated assault and was sentenced
to prison for twenty and forty years, respectively. The Second Court of Appeals affirmed his
convictions. Walton v. State, Nos. 02-15-00448-CR & 02-15-00449-CR (Tex. App.—Fort Worth
May 4, 2017) (not designated for publication). Applicant filed these applications for writs of habeas
corpus in the county of conviction, and the district clerk forwarded them to this Court. See TEX .
CODE CRIM . PROC. art. 11.07.
Applicant contends, among other things, that trial counsel rendered his guilty pleas
involuntary. Applicant has alleged facts that, if true, might him entitle to relief. Hill v. Lockhart,
474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781 (Tex. Crim. App. 2013). Accordingly, the
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record should be developed. The trial court is the appropriate forum for findings of fact. TEX . CODE
CRIM . PROC. art. 11.07, § 3(d). The trial court shall order trial counsel to respond and state whether
he told Applicant that he would be placed on probation if he pleaded guilty. Trial counsel shall also
discuss his investigation of Applicant’s cases and state whether he (1) explained the charges to
Applicant, (2) discussed the written admonishments and plea papers with Applicant, (3) explained
the consequences of pleading guilty, and (4) believed Applicant’s pleas were voluntary. In
developing the record, the trial court may use any means set out in Article 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 wants to be represented by counsel, the trial court shall appoint counsel to represent him
at the hearing. See TEX . CODE CRIM . PROC. art. 26.04. If counsel is appointed or retained, the trial
court shall immediately notify this Court of counsel’s name.
The trial court shall make findings of fact and conclusions of law as to whether trial counsel’s
performance was deficient and Applicant would have insisted on a trial but for counsel’s alleged
deficient performance. The trial court may make any other findings and conclusions that it deems
appropriate in response to Applicant’s claims.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP. P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: January 15, 2020
Do not publish