IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 10522 IN THE 29TH DISTRICT COURT
FROM PALO PINTO 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of indecency of a child by contact and sentenced to twenty years' imprisonment. He did not appeal his conviction.
Applicant contends that his plea was involuntary because his plea was induced by improper threats from his attorney. Specifically, he alleges that his lawyer had him sign "blank forms" and, among other things, threatened that he would work with the District Attorney's office to have Applicant sentenced for the maximum punishment. Applicant alleges that counsel made similar threats when Applicant's family was unable to pay the entire fee for counsel's representation. Applicant also alleges that he was not informed that he was waiving his appeal by signing what he alleges were the "blank pages" of a plea agreement. The habeas record contains no response from counsel, no response from the State, and a brief order from the trial court finding that there were no controverted, previously unresolved facts material to the legality of his confinement. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 608 (1984); Ex parte Lemke, 13 S.W.3d 791,795-96 (Tex. Crim. App. 2000). 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 shall provide Applicant's trial counsel with the opportunity to respond to Applicant's claim that his plea was rendered involuntary because of counsel's alleged threats. 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 make findings of fact and conclusions of law in regard to Applicant's claims that his plea and waiver of appeal were involuntary. 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.
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: April 14, 2010
Do not publish