IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. CR2002-073 IN THE 22ND DISTRICT COURT
FROM COMAL COUNTY
O R D E R
This is a post-conviction application for a writ of habeas corpus filed pursuant to Article 11.07, § 3, TEX.CODE CRIM.PROC. Applicant was convicted of aggravated sexual assault and punishment was assessed at confinement for ten years and a fine of $10,000. No appeal was taken from this conviction.
Applicant contends, inter alia, that his plea was involuntary and his counsel was ineffective because he did not know that he would be required to register as a sex offender, and counsel advised him that he would receive deferred adjudication if he pled guilty. The State has filed no response and the trial court has made no findings of fact. (1)
It is the Court's opinion that additional facts need to be developed and that the trial court is the appropriate forum. Therefore, the trial court is ordered to obtain an affidavit from Applicant's trial counsel addressing Applicant's factual allegations, and to allow Applicant an opportunity to tender any other affidavits to support his allegations. Alternatively, the trial court may conduct an evidentiary hearing at which Applicant would have an opportunity to prove his allegations, and the trial court is not limited to the above issues if the court believes other facts relevant to the legality of Applicant's confinement should be determined.
The trial court should then make findings of fact as to whether counsel or the trial court admonished Applicant that he would be required to register as a sex offender, and whether counsel told Applicant that he would receive deferred adjudication if he pled guilty. The court may also make findings of fact as to any other matters the court deems relevant to the legality of Applicant's confinement.
Since this Court does not hear evidence, Ex parte Rodriguez, 334 S.W.2d 294 (Tex.Cr.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. Any hearing conducted pursuant to this order shall be held within 90 days of the date of this order. (2) The trial court's findings of fact, any affidavits or transcription of the court reporter's notes, and any other supplementation of the record shall be returned to this Court within 120 days of the date of this order. (3)
DELIVERED: June 7, 2006
DO NOT PUBLISH
1. The trial court ordered that Applicant's plea and punishment proceedings be transcribed, but
those transcriptions have not yet been included in this record.
2. 3.