IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,572-01
EX PARTE CHAMEL NICOLE ANDERSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F09-56401-U IN THE 291ST DISTRICT COURT
FROM DALLAS 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 originally pleaded guilty in
exchange for five years’ deferred adjudication community supervision. Her guilt was later
adjudicated, and she was sentenced to ten years’ imprisonment. The Fifth Court of Appeals affirmed
her conviction. Anderson v. State, No. 05-12-01341-CR (Tex. App. — Dallas, December 2, 2013,
no pet.).
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Applicant contends, among other things,1 that her trial counsel rendered ineffective assistance
during her original plea and at adjudication. Applicant alleges that her original plea counsel did not
visit her immediately after her arrest, did not request an examining trial or move for a speedy trial,
did not show Applicant the evidence against her or explain the proceedings to her, did not call
defense witnesses, and coerced her into pleading guilty. Applicant alleges that she was under the
influence of mind-altering medications at the time of her plea, and did not understand the
consequences of signing the plea paperwork.
With respect to adjudication counsel, Applicant alleges that he disregarded the information
provided to him by Applicant, did not provide any defense strategy or compel the State to prove the
alleged violations of the conditions of community supervision, did not explain the plea paperwork
to Applicant before she signed it and altered that paperwork after Applicant had signed it, did not
inform Applicant that she could withdraw her plea of “true,” and did not object to hearsay testimony.
Applicant has alleged facts that, if true, might entitle 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 and adjudication 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
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This Court has reviewed Applicant’s other claims and finds them to be without merit.
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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 plea counsel was deficient and, if so, whether counsel’s deficient
performance prejudiced Applicant. The trial court shall make findings of fact as to whether the
performance of Applicant’s adjudication 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
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 14, 2015
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