IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,319-01
EX PARTE SHELTON EUGENE HARTFIELD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 26352 IN THE 12TH 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
evading arrest or detention, and was sentenced by a jury to eight years’ imprisonment. The
Thirteenth Court of Appeals affirmed his conviction. Hartfield v. State, No. 13-14-00046-CR (Tex.
App. — Corpus Christ – Edinburg, July 31, 2014)(not designated for publication).
Applicant contends, among other things,1 that his trial counsel rendered ineffective assistance
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This Court has considered Applicant’s other claims, and finds them to be without merit.
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because counsel failed to adequately communicate with Applicant or keep him apprised of the status
of his case. Applicant alleges that counsel did not respond to his letters, did not visit him in jail, and
did not inform him of his trial date. Applicant alleges that he never had an opportunity to discuss
the facts of the case with trial counsel.
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 claims of ineffective assistance of counsel. 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 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.
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
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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: June 10, 2015
Do not publish