IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NOS. 95260-A, 96141-A, & 96552-A IN THE
CRIMINAL DISTRICT COURT FROM JEFFERSON COUNTY
O R D E R
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of a firearm by a felon, enhanced; burglary of a habitation, habitual; and possession of less than one gram of methamphetamine, habitual, and sentenced to ten years, twenty-five years, and twenty years imprisonment, respectively.
Applicant contends that his pleas were involuntary because the plea agreement cannot be followed. Applicant has alleged facts that, if true, might entitle him to relief. See Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985). In these circumstances, additional facts are needed.
As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1997), the trial court is the appropriate forum for making findings of fact. The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d). In the appropriate case, the trial court may rely on its personal recollection. Id.
The trial court shall make findings of fact as to whether Applicant pled guilty pursuant to an agreement that these sentences would run concurrently with a federal sentence. If so, the court shall also determine whether Applicant was advised during the plea proceedings that State courts cannot bind federal officials to such an agreement, and whether Applicant's federal sentence is running concurrently with these sentences. The trial court shall also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claim for habeas corpus relief.
These applications will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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. Any extensions of time shall be obtained from this Court.
Filed: October 31, 2007
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