IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
FROM CAUSE NO. F02-47324-SR
IN THE 265TH 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 murder, and punishment was assessed at confinement for life. Applicant's conviction was affirmed on appeal. Brock v. State No. 05-02-01273-CR (Tex. App. --Fifth, delivered August 21, 2003, pet. ref'd).
Applicant contends, inter alia, that he received ineffective assistance of trial counsel. Specifically, Applicant complains that trial counsel failed to inform him of the State's twenty year plea bargain offer.
The trial court has not entered findings of fact or conclusions of law regarding this allegation. 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 shall resolve those issues as set out in Tex. Code Crim. Proc. art. 11.07, § 3 (d), in that it shall order an affidavit from the prosecutor, 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 any available records regarding the State's plea bargain offer with its findings to this Court.
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 the State made a plea bargain offer of twenty years, whether that offer was properly transmitted to Applicant, and whether Applicant rejected the offer. 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.