IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
FROM CAUSE NO. W99-02660-S IN THE
282nd JUDICIAL DISTRICT COURT OF DALLAS 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 robbery, and punishment was assessed at twenty-five years' confinement. Applicant's conviction was affirmed on appeal. Hampton v. State No. 05-02-00604-CR (Tex. App. --Dallas, delivered December 13, 2002, no pet.).
Applicant contends, inter alia, that he received ineffective assistance of counsel during his original plea proceedings. Specifically, Applicant contends that counsel coerced him into pleading guilty, lied to him regarding the availability of a witness favorable to the defense, and failed to pursue an insanity defense.
The trial court has entered findings of fact or conclusions of law that Applicant "was afforded reasonably effective assistance of counsel at all stages of the criminal process." However, we do not believe that those factual findings or conclusions of law fully address Applicant's complaints. 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 and because this Court does not hear evidence, the trial court is the appropriate forum. The trial court may resolve those issues as set out in Tex. Code Crim. Proc. art. 11.07, § 3 (d), in that it shall order an affidavit, from K. Weatherspoon, Applicant's trial counsel during the original plea proceedings, or it may order a hearing. In the appropriate case the trial court may also rely on its personal recollection. The trial court shall also forward the indictment and any records regarding Applicant's guilty plea and the admonishments given prior to the acceptance of the plea.
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 whether Applicant received ineffective assistance of counsel during his original plea proceedings. 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 29th DAY OF MARCH, 2006.
EN BANC
DO NOT PUBLISH
1. 2.