IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-48,100-03 & WR-48,100-04
EX PARTE REGINALD WAYNE GOUDEAU, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 1022577-A & 1030103-A IN THE 262ND DISTRICT COURT
FROM HARRIS 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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of driving
while intoxicated and possession of cocaine and sentenced to ten and fifteen years’ imprisonment,
respectively. The Fourteenth Court of Appeals affirmed his convictions. Goudeau v. State, Nos. 14-
05-00946-CR, 14-05-00947-CR (Tex. App.—Houston [14th Dist.] Nov. 9, 2006) (not designated for
publication).
Applicant contends, among other things, that his trial counsel rendered ineffective assistance,
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and that counsel’s alleged ineffectiveness rendered his guilty pleas involuntary. In response to
Applicant’s claims of ineffective assistance, the trial court signed detailed orders designating issues,
ordering a response from counsel. The orders were signed in July 2007. In December 2014, the trial
court signed findings of fact and conclusions of law recommending that the writ applications be
dismissed after finding that Applicant is on parole and concluding he is no longer confined on these
charges. However, an applicant who has been released on parole after serving a part of his sentence
remains “in custody” for purposes of habeas corpus applications. Ex parte Elliott, 746 S.W.2d 762,
763 n.1 (Tex. Crim. App. 1988); TEX . CODE CRIM . PROC. art. 11.22.
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).
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 resolving the issues set out
in its orders designating issues 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 claims for habeas corpus relief.
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These applications will be held in abeyance until the trial court has resolved the fact issues.
Given the already lengthy delay in these cases, the issues shall be resolved within 30 days of this
order. Supplemental transcripts 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 60 days of the date
of this order. Any extensions of time shall be obtained from this Court.
Filed: March 18, 2015
Do not publish