IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-81,534-01, WR-81,534-02 & WR-81,534-03
EX PARTE STEPHEN FARRELL EIKELBOOM, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 94-106-K277, 94-650-K277 & 94-105-K277
IN THE 277TH DISTRICT COURT
FROM WILLIAMSON COUNTY
Per curiam. Womack, J., not participating.
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 pleaded guilty to three charges of
burglary of a habitation. He originally received deferred adjudication community supervision for
the -01 and -02 charges, and ten years’ “straight” probation for the -03 charge. He was later
adjudicated guilty in the -01 and -02 cases, and sentenced to twenty-five years’ imprisonment in each
of those cases. His probation was revoked in the -03 case, and he was sentenced to ten years’
imprisonment in that case, with all three sentences running concurrently. He did not appeal his
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convictions.
Applicant contends, among other things,1 that his trial counsel rendered ineffective assistance
and caused his pleas to be unknowingly and involuntarily entered. Applicant alleges that trial
counsel failed to discuss the facts of the case or possible defenses with him, and misrepresented the
sentences he would receive if he went to trial on the charges. Although the plea papers and
admonishments are in the habeas records in each case, there does not appear to have been any
admonishment as to the fact that Applicant would be subject to the entire range of punishment for
the offenses if he were adjudicated guilty in the -01 and -02 cases.
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, trial counsel shall state whether he advised Applicant of the State’s evidence, of any
possible defenses to the charges, and of his options with respect to pleading guilty or taking the cases
to trial. Counsel shall state specifically whether he advised Applicant that if he were to be
adjudicated guilty in the -01 and -02 cases, the adjudicating judge could sentence him to anything
within the punishment range applicable to each offense. 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
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This Court has considered Applicant’s other claims and finds them to be without merit.
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attorney to represent Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall supplement the record with a transcript of the original plea proceedings
if such a transcription is available. If there are additional plea documents or admonishments which
were not included in habeas record, the trial counsel shall supplement the record with such
documents. The trial court shall make findings of fact and conclusions of law as 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.
These applications 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: July 23, 2014
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