IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,669-01
EX PARTE LONG VIET NGUYEN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 16-09-00114CRF IN THE 218TH DISTRICT COURT
FROM FRIO COUNTY
Per curiam. YEARY , J., filed a concurring opinion in which SLAUGHTER , J., joined.
ORDER
Applicant was convicted of possession of a prohibited substance in a correctional facility and
sentenced to four years’ imprisonment. He did not appeal his conviction. 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 counsel failed to timely file a motion for new
trial and a notice of appeal. Applicant also contends that his plea was involuntary because (1)
counsel was ineffective for giving him erroneous advise and for refusing to allow him to enter an
open guilty plea; and (2) the substance he possessed was not in fact a prohibited substance.
Applicant has alleged facts that, if true, might entitle him to relief. Jones v. State, 98 S.W.3d 700,
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703 (Tex. Crim. App. 2003); Garza v. Idaho, 139 S. Ct. 738 (2019); Hill v. Lockhart, 474 U.S. 52
(1985); Brady v. United States, 397 U.S. 742 (1970); Ex parte Mable, 443 S.W.3d 129, 131 (Tex.
Crim. App. 2014). 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 make findings of fact and conclusions of law as to whether Applicant
was denied his right to an appeal because trial counsel was ineffective. The trial court shall make
specific findings addressing whether Applicant instructed counsel to perfect appeal. The trial court
shall also make findings of fact and conclusions of law as to whether Applicant’s plea was
involuntary. 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
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.
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Filed: May 18, 2022
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