IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 00-01-9294-A IN THE 24TH DISTRICT COURT
FROM DE WITT 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 this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault with a deadly weapon and sentenced to fifteen years' imprisonment. Applicant's conviction was affirmed on appeal. Galindo v. State, No. 13-02-00503-CR (Tex. App.-Corpus Christi, delivered August 12, 2004, pet. ref'd).
Applicant contends that his plea was involuntary and that he was incompetent to plead guilty. Specifically, Applicant asserts that his plea was not knowingly and voluntarily made because of the combination of medications he was taking. According to Applicant, during the time between his arrest and guilty plea, he was taking several different medications, including antidepressants, anticonvulsants, antihistamines, sedatives/hypnotics, and narcotic analgesics. Applicant argues that he "was in no shape to make the type of major decision" involved in his plea and that he could not have had sufficient ability to consult with counsel with a reasonable degree of rational understanding.
Applicant has alleged facts that, if true, might entitle him to relief. 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 findings of fact. The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d).
If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing. Tex. Code Crim. Proc. art. 26.04. The trial court shall forward any records regarding Applicant's guilty plea and the admonishments given prior to the acceptance of the plea.
This application 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: February 7, 2007
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