Opinion
NO. WR-91,354-01 NO. WR-91,354-02
07-22-2020
EX PARTE JOSEPH GEORGE BUCKALOO, JR., Applicant
ON APPLICATION FOR WRITS OF HABEAS CORPUS CAUSE NOS. W-10-53490-W(A) AND W-10-71667-W(A) IN THE 363RD DISTRICT COURT FROM DALLAS COUNTY
Per curiam. ORDER
Applicant was convicted of two charges of aggravated assault and sentenced to ninety-nine years' imprisonment in each case, to run concurrently. The Fifth Court of Appeals affirmed his convictions. Buckaloo v. State, Nos. 05-11-01498-CR and 05-11-01500-CR (Tex. App. — Dallas February 12, 2013) (not designated for publication). Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends, among other things, that trial counsel was ineffective because trial counsel failed to communicate a 30-year plea offer to Applicant. Applicant alleges that he was informed only of a 40-year offer, which he declined. Applicant alleges that had he been told of the 30-year offer, he would have accepted that offer. 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 claim. 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.
This Court has reviewed Applicant's other claims and finds them to be without merit.
The trial court shall make findings of fact and conclusions of law as to whether the 30-year plea offer shown on the August 26, 2010 reset form was communicated to Applicant prior to trial, and if not, why not. If the offer was communicated to Applicant and declined by Applicant, the trial court shall supplement the habeas record with any documentation showing that Applicant was informed of and declined to accept the offer. 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 claim.
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. Filed: July 22, 2020
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