IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
FROM CAUSE NOS. 3847-A, 3848-A, AND 3855-A IN THE 8TH JUDICIAL DISTRICT COURT OF RAINS 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 pleaded guilty to two charges of aggravated assault and one charge of engaging in organized criminal activity, and punishment was assessed at fifteen years' confinement. No direct appeal was taken.
Applicant contends that he pleaded guilty pursuant to a plea agreement whereby these three sentences would run concurrently with Applicant's federal sentence, and Applicant would serve that time in a federal facility. However, Applicant alleges that his plea bargain agreement was breached because he was delivered to TDCJ-ID after sentencing, and because his federal sentence is not running concurrently with these sentences.
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 and because this Court cannot 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 may order affidavits, depositions, or interrogatories from counsel and TDCJ, or it may order a hearing. In the appropriate case the trial court may 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 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 had a plea bargain whereby his state and federal sentences would be served concurrently in a federal facility. If so, the trial court shall make findings as to whether this plea agreement is being honored. 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 ninety 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 one hundred and twenty days of the date of this order. (2)
IT IS SO ORDERED THIS THE 18th DAY OF JANUARY, 2006.
EN BANC
DO NOT PUBLISH
1. 2.