IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-85,709-06 & 85,709-07
EX PARTE JAMES DEWAYNE HOISAGER, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. CR37230 A & CR37229 A IN THE 142ND DISTRICT COURT
FROM MIDLAND 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 two counts
of theft and sentenced to six months’ imprisonment on each count. He did not appeal his convictions.
Applicant contends, among other things, that trial counsel rendered his guilty pleas
involuntary. 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.
2
The trial court shall order guilty-plea counsel to respond to the claims in Applicant’s first and third
grounds. 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 him 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 guilty-plea
counsel was deficient and Applicant would have insisted on a trial but for counsel’s alleged deficient
conduct. In making these findings and conclusions, the trial court shall determine whether counsel’s
decisions were economic rather than strategic. See Ex parte Briggs, 187 S.W.3d 458, 467 (Tex.
Crim. App. 2005). The trial court shall also make any other findings and conclusions 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
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 must be
requested by the trial court and shall be obtained from this Court.
Filed: November 27, 2019
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