IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,221-01
EX PARTE KEVIN SCOTT, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 19812-B IN THE 104TH DISTRICT COURT
FROM TAYLOR 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 theft and
sentenced to five years’ imprisonment. He did not appeal his conviction.
Applicant contends that his trial counsel rendered ineffective assistance by not telling him
that the initial plea offer had an expiration date or would change. He also alleges that he was
diagnosed with mental illness, under the influence of psychiatric medications at the time of the plea,
and did not fully understand the consequences of his plea.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
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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 as to whether counsel informed Applicant that the initial
plea offer could change. The trial court shall make findings as to whether counsel knew Applicant
was on psychiatric medications at the time of the plea, and if so, whether counsel investigated
Applicant’s competency to plead guilty. 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
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.
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Filed: January 13, 2016
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