IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,383-01
EX PARTE GEORGE RANDALL LYLE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 13229-A IN THE 344TH DISTRICT COURT
FROM CHAMBERS 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 was convicted of aggravated sexual
assault and sentenced to five years’ imprisonment. He did not appeal his conviction.
Applicant contends that he was incompetent when he pleaded guilty and that the trial judge
told him that he would be sentenced to ninety-nine years if he did not plead guilty.
Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Patterson, 993
S.W.2d 114, 115 (Tex. Crim. App. 1999). In these circumstances, additional facts are needed. As
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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 that he was incompetent. The trial court may use any means set out in TEX . CODE
CRIM . PROC. art. 11.07, § 3(d).
Applicant appears to be represented by counsel. If he is not and 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 him at the hearing.
TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether Applicant
was incompetent when he pleaded guilty. It shall also determine whether the trial judge told
Applicant that he would be sentenced to ninety-nine years if he did not plead guilty and, if so, this
rendered Applicant’s plea 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 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. 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. The plea papers shall also be
forwarded to this Court with the supplemental record. Any extensions of time shall be obtained from
this Court.
Filed: June 24, 2015
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