IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
TRIAL COURT CAUSE NO. 6920-B
IN THE 90TH JUDICIAL DISTRICT COURT
FROM YOUNG COUNTY
Per curiam.
O R D E R
This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offense of burglary of a building, and punishment was assessed at confinement for life. No direct appeal was taken.
In pertinent part, Applicant contends he was provided ineffective assistance of counsel due to an actual conflict of interest, that he has not received credit for all of the time he was confined pursuant to a parole violator warrant in this cause, and that he has never been accorded a final parole revocation hearing.
The trial court has not entered findings of fact or conclusions of law. We believe that Applicant has alleged facts that, if true, might entitle him to relief. Therefore, it is this Court's opinion that additional facts need to be developed. Because this Court cannot hear evidence, the trial court is the appropriate forum. The trial court shall resolve those issues as set out in Tex. Code Crim. Proc. art. 11.07, § 3 (d), in that it may order affidavits, depositions, or interrogatories from trial counsel and both the criminal institutions and the parole divisions of the Texas Department of Criminal Justice, or it may order a hearing.
If the trial court elects to hold a hearing, the court shall first decide whether Applicant is indigent. If the trial court finds that Applicant is indigent and Applicant desires to be represented by counsel, the trial court will then, pursuant to the provisions of Tex. Code Crim. Proc. art. 26.04, appoint an attorney to represent him at the hearing.
Following receipt of additional information, the trial court shall make findings of fact as to what credit Applicant has been given for time he was confined on parole violator warrants, and what dates, if any, Applicant was confined pursuant to a parole violator warrant in this cause. Furthermore, the trial court shall make findings of fact whether or not Applicant waived a final parole revocation hearing or whether he has been accorded a final revocation hearing, and if so, when the date that hearing occurred. Finally, the trial court shall make findings of fact concerning Applicant's assertion that he received ineffective assistance of counsel because counsel had an actual conflict of interest. The trial court shall also make any further findings of fact and conclusions of law it deems relevant and appropriate to the disposition of the application for writ of habeas corpus.
Because this Court does not hear evidence, Ex Parte Rodriquez, 334 S.W.2d 294 (Tex. Crim. App. 1960), this application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. Resolution of the issues shall be accomplished by the trial court within 90 days of the date of this order. (1) 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 returned to this Court within 120 days of the date of this order. (2)
IT IS SO ORDERED THIS THE 30th DAY OF AUGUST, 2006.
DO NOT PUBLISH
1. 2.