IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,809-01
EX PARTE KEDRIC DEJUAN ROGERS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W17-70756-N(A) IN THE 195TH DISTRICT COURT
FROM DALLAS COUNTY
Per curiam.
ORDER
Applicant originally pleaded guilty to aggravated assault with family violence in exchange
for deferred adjudication community supervision. He was later adjudicated guilty and sentenced to
twenty-five years’ imprisonment. The Fifth Court of Appeals affirmed his conviction. Rogers v.
State, No. 05-19-00957-CR (Tex. App. — Dallas June 16, 2020) (not designated for publication).
Applicant filed this application for a writ of habeas corpus in the county of conviction, and the
district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends, among other things, that adjudication counsel was ineffective for various
reasons, including failing to investigate or seek out witnesses identified by Applicant, failing to
familiarize herself with the facts of Applicant’s case and confusing it with that of another client, and
2
failing to challenge the allegation that Applicant committed a new offense when the State lacked
evidence connecting Applicant to that new offense.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984). Accordingly, the record should be developed. The trial court is the appropriate
forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall order trial
counsel to respond to Applicant’s claims. In developing the record, the trial court may use any
means set out in Article 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 wants to be represented by counsel, the
trial court shall appoint counsel to represent him at the hearing. See TEX . CODE CRIM . PROC. art.
26.04. If counsel is appointed or retained, the trial court shall immediately notify this Court of
counsel’s name.
The trial court shall first ensure that the habeas record is supplemented with all relevant
documents, specifically including the original plea papers, the order of deferred adjudication, the
motion to adjudicate, any written motions filed by adjudication counsel, a transcript of the
adjudication proceedings, evidence relied upon to support the allegations in the motion to adjudicate,
and any documents relating to the final disposition of the deadly conduct charges used as a basis for
adjudicating Applicant guilty. The trial court shall make findings of fact and conclusions of law as
to whether adjudication counsel’s performance was deficient and Applicant was prejudiced. The
trial court may make any other findings and conclusions that it deems appropriate in response to
Applicant’s claims.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
3
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP. P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: June 8, 2022
Do not publish