Opinion
WR-60 510-03
01-26-2022
EX PARTE DAVID RAY BAKER, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR20549-A IN THE 271ST DISTRICT COURT FROM WISE COUNTY
ORDER
Per curiam.
Applicant was convicted of evading arrest or detention with a motor vehicle and sentenced to fifty years' imprisonment. The Second Court of Appeals affirmed his conviction. Baker v. State, No. 02-18-00364-CR (Tex. App. - Fort Worth April 23, 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 trial counsel was ineffective because counsel failed to prepare for trial, did not file pre-trial motions including motions to appoint and investigator and for discovery until less than a week before trial, failed to obtain a ruling on a motion to suppress, allowed the trial date to get moved from September 11, 2018, to August 7, 2018 without Applicant's consent and without affording Applicant adequate time to contact and secure the presence of character witnesses, and failed to preserve error when the prosecutor made improper statements during closing arguments. 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 copies of all relevant documents, including a copy of the order appointing trial counsel, a copy of the trial docket, and the transcripts of any pre-trial hearings. The trial court shall make findings of fact and conclusions of law as to whether trial 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 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.