IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-84,345-01 & -02 & -03
EX PARTE DARRYON M. THOMAS, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. C-3-010636-1102916-A & C-3-010637-1103886-A & C-3-010638-1156022-A
IN THE CRIMINAL DISTRICT COURT NUMBER THREE
FROM TARRANT 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 five counts
of aggravated robbery in trial court cause number 11560220, five counts of aggravated robbery in
trial court cause number 11029160, and one count of aggravated robbery in trial court cause number
11038860. Applicant was sentenced to forty-five years’ imprisonment in each case, to be served
concurrently. Applicant’s convictions were affirmed by the Second Court of Appeals in Thomas v.
State, Nos. 02-09-00364-CR, 02-09-00365-CR, 02-09-00366-CR (Tex. App.—Fort Worth Oct. 14,
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2010)(not designated for publication).
Applicant contends, among other things, that his pleas were involuntary because counsel
would not allow Applicant to take a State offered 15-year plea deal, but instead advised Applicant
to plead open to the judge. Applicant alleges he was coerced by counsel to plead open to the judge
because counsel told him that he could get him less time if he went before this particular judge. The
trial court sentenced Applicant to 45 years. Applicant has alleged facts that, if true, might entitle him
to relief. 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 and involuntary pleas. 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 pleas were involuntary. The trial court shall make findings as to whether the
performance of Applicant’s attorney 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.
These applications 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
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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 27, 2016
Do not publish
Thomas, Darryon M.
Combined Opinion