IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-86,091-01, WR-86,091-02, WR-86,091-03, WR-86,091-04, WR-86,091-05,
WR-86,091-06, WR-86,091-07, WR-86,091-08, WR-86,091-09 & WR-86,091-10
EX PARTE CHARLES RAY MILLER, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 1423724A, 1423717A, 1423718A, 1423719A,
1423720A, 1423721A, 1423725A, 1423726A, 1423722A & 1423723A
IN THE 8TH DISTRICT COURT
FROM HOPKINS 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 ten charges
of indecency with a child by contact and sentenced to twenty years’ imprisonment in each case. The
Sixth Court of Appeals affirmed his convictions. Miller v. State, Nos., 06-14-00120, 06-14-00121,
06-14-00122, 06-14-00123, 06-14-00124, 06-14-00125, 06-14-00126, 06-14-00127, 06-14-00128
& 06-14-00129-CR (Tex. App.—Texarkana Dec. 12, 2014) (not designated for publication).
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Applicant contends that his trial counsel rendered ineffective assistance because counsel did
not present mitigation evidence at the punishment hearing. In support of his claim, he attaches
medical records and affidavits from family members. The record contains no response from trial
counsel and no findings from the trial court.
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. 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). In the
appropriate case, the trial court may rely on its personal recollection. Id.
It appears that Applicant is represented by counsel. If the trial court elects to hold a hearing,
it shall determine if Applicant is represented by counsel, and if not, 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 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.
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 must
be requested by the trial court and shall be obtained from this Court.
Filed: January 25, 2017
Do not publish