IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NOS. 2001-CR-695-D & 2001-CR-758-D
IN THE 103RD DISTRICT COURT
CAMERON COUNTY
Per curiam.
O R D E R
These are applications for a writ of habeas corpus that were transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offenses of aggravated robbery and unauthorized use of a vehicle. He was sentenced to confinement for fifteen years and two years, respectively. No direct appeals were taken.
Applicant contends that counsel was ineffective for failing to investigate Applicant's history of psychosis and hospitalization for psychoses and failing to present such history to the trial court. The trial court entered an order on February 1, 2006, instructing counsel to respond to Applicant's claims by way of an affidavit. On February 21, 2006, this Court received the applications, but there was no affidavit from counsel in the applications. We believe that the applications were prematurely forwarded to this Court. Therefore, it is this Court's opinion that additional facts need to be developed and 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 counsel, or it may order a hearing. In the appropriate case the trial court may also rely on its personal recollection.
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 shall 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 whether counsel investigated Applicant's psychiatric history and whether counsel presented such history to the trial court. The trial court shall then make findings of fact as to whether counsel was ineffective. 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), these applications 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 17TH DAY OF MAY, 2006.
DO NOT PUBLISH
1. 2.