IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,772-01
EX PARTE ANTHONY RAY DAVISON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 24709 IN THE 278TH DISTRICT COURT
FROM WALKER COUNTY
Per curiam.
ORDER
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 entered an open plea of guilty to
burglary of a building, and was sentenced to twenty years’ imprisonment. The Eleventh Court of
Appeals affirmed his conviction. Davison v. State, No. 11-10-00301-CR (Tex. App. – Eastland,
August 9, 2012), aff’d, Davison v. State, 405 S.W.3d 682 (Tex. Crim. App. 2013).
Applicant contends that his trial counsel rendered ineffective assistance because counsel
failed to advise him of the punishment range attached to the offense as enhanced by three prior
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felony convictions, erroneously advised him that he would be eligible for SAFP if and only if he
entered an open plea to the trial court, failed to object to admonishments which described only the
un-enhanced punishment range for the primary offense, and failed to object when the trial court
sentenced Applicant to the maximum punishment for the offense as enhanced.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). 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 claim of ineffective assistance of counsel.
Specifically, counsel shall state what advice she gave Applicant regarding his options for trial or
plea. Counsel shall state whether she advised Applicant of the punishment range for the offense as
enhanced, and why she did not object to the written admonishments, which contained the
punishment range for the un-enhanced offense only. Trial counsel shall state whether she considered
objecting when the trial court imposed a sentence for the enhanced offense, after having admonished
Applicant only as to the punishment range for the un-enhanced state jail felony offense. 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.
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 supplement the record with transcripts of the plea and sentencing
proceedings in this case. The trial court shall then make findings of fact and conclusions of law as
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to whether the performance of Applicant’s trial counsel was deficient and, if so, whether counsel’s
deficient performance prejudiced Applicant. 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. 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 forwarded to this Court within 120 days of the date of this order. Any extensions of time shall
be obtained from this Court.
Filed: August 20, 2014
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