IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 10519 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 aggravated sexual assault of a child and sentenced to thirty-six years' imprisonment. He did not appeal his conviction.
Applicant contends that his plea was involuntary because, inter alia, 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 counsel was ineffective for not advising him that he was pleading guilty to multiple charges, for inducing the guilty plea by threats, and for telling Applicant that he would only serve up to three years of his prison sentence.
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 order Applicant's trial counsel to respond to Applicant's claims that his plea was rendered involuntary because of counsel's alleged threats and ineffectiveness. 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 was involuntary due to counsel's ineffectiveness. Specifically, the trial court shall make findings of fact addressing Applicant's allegation that his lawyer had him sign "blank forms" and threatened that he would work with the District Attorney's office to have Applicant sentenced for the maximum punishment. The trial court shall also make specific findings of fact as to whether counsel made similar threats when Applicant's family was unable to pay the entire fee for counsel's representation. The trial court shall also make specific findings of fact as to whether counsel mis-advised him concerning the amount of time he would have to serve, whether counsel explained that Applicant was pleading guilty to more than one charge, and whether Applicant's guilty plea was induced by counsel's threats. 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 and any court documents associated with Applicant's guilty plea, 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 6, 2011
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