Baulch, Kyle Wayne

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,492-02
EX PARTE KYLE WAYNE BAULCH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W14-47524 M(A) IN THE 194TH DISTRICT COURT
FROM DALLAS COUNTY
Per curiam.
ORDER
Applicant was convicted of driving while intoxicated as his third or more offense and
sentenced to eight years’ imprisonment. He did not appeal his conviction. Applicant filed this
application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded
it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends that trial counsel was ineffective because he failed to file a motion for
shock probation and promised Applicant he would receive a two-year plea bargain. Applicant has
alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984).
Accordingly, the 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
2
respond to Applicant’s claims. 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 Applicant
was eligible for shock probation and whether counsel promised Applicant he would receive a two-
year plea bargain. The trial court shall also make findings of fact and conclusions of law as to
whether trial counsel’s performance was deficient and Applicant was prejudiced. 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