IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,650-01
EX PARTE NARADA WASHINGTON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1414894-A IN THE 177TH 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 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 possession of
methylenedioxy methamphetamine (MDMA) less than one gram and sentenced to nine months’
imprisonment in a state jail facility. He did not appeal his conviction.
Applicant contends that his plea was involuntary because testing after his guilty plea showed
that he did not possess any MDMA. Applicant has alleged facts that, if true, might entitle him to
relief. Ex parte Mable, ___ S.W.3d ___, No. WR-81,358-01(Tex. Crim. App. Sep. 17, 2014). In
these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d
2
294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. 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 in regard to Applicant’s
claim that his plea was involuntary. The trial court shall supplement the record with the lab report
showing that the evidence taken from Applicant had no MDMA detected within it. 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
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: January 28, 2015
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