IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
EX PARTE ANGELA ROBINETT,
AKA ANGELA KAY CARRION,
ANGELA KAY MCCORMICK,
ANGELA JONES,
LISA ELAINE GOMEZ, Applicant
CAUSE NO. CR28453 IN THE 75TH DISTRICT COURT
FROM LIBERTY 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 driving while intoxicated and sentenced to twenty-five years' imprisonment. She did not appeal her conviction.
Applicant contends, among other things, that her trial counsel rendered ineffective assistance because she advised Applicant that she would be sentenced to forty to fifty years if she insisted on a trial. Applicant also contends that she was not competent when she pleaded guilty.
On May 4, 2011, we remanded this application and directed the trial court to order trial counsel to respond to Applicant's claims. On remand, the trial court made findings of fact and conclusions of law, but nothing in the supplemental record indicates that the trial court ordered trial counsel to respond to Applicant's claims.
Applicant has alleged facts that, if true, might entitle her to relief. Strickland v. Washington, 466 U.S. 668 (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. 1960), the trial court is the appropriate forum for findings of fact. The trial court shall order trial counsel to respond to Applicant's claims. In her response, trial counsel shall state what advice, if any, she gave Applicant about sentencing following a jury trial. Trial counsel shall also state whether Applicant exhibited any signs that she was incompetent. 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 her at the hearing. Tex. Code Crim. Proc. art. 26.04.
The trial court shall make further findings of fact and conclusions of law as to whether the performance of trial counsel was deficient and, if so, whether her deficient performance prejudiced Applicant. The trial court shall also determine whether Applicant was competent when she pleaded guilty. 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 claims 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. A copy of the written admonishments shall also 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: September 14, 2011
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