IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-70,944-03
EX PARTE JOE LOUIS ROBERTS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 31669 IN THE 3RD DISTRICT COURT
FROM ANDERSON 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 pleaded guilty to evading arrest
or detention and was sentenced to ten years’ imprisonment. He did not appeal his conviction.
Applicant contends, among other things,1 that he was denied the effective assistance of
counsel, rendering his guilty plea involuntary, because his originally appointed counsel did not
communicate or consult with him prior to trial. When appointed counsel did not appear for a court
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This Court has reviewed Applicant’s other claims and finds them to be without merit.
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setting, the trial court apparently appointed a new attorney, but Applicant entered his plea on the
same day. Applicant alleges that he wanted to plead “not guilty,” but that because his new attorney
was unprepared to take the case to trial, Applicant felt that he had no choice but to plead guilty.
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. 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 as to whether Applicant had indicated an intention
to plead guilty or not guilty before the date when the trial court replaced his original appointed
counsel with a new attorney. The trial court shall make findings as to whether Applicant was
advised of his right to ten days’ preparation time when the new attorney was appointed, and as to
whether the new attorney had adequate time to consult with Applicant before he entered his plea of
guilty. The trial court shall make findings of fact and conclusions of law as to whether Applicant’s
guilty plea was knowingly and voluntarily entered. 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
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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: May 20, 2015
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