Opinion
WR-94,423-01
04-26-2023
EX PARTE MICHELLE LEE HAYES, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 17-0327(A) IN THE 71ST DISTRICT COURT FROM HARRISON COUNTY
ORDER
PER CURIAM.
Applicant was convicted of injury to a child with intent to cause serious bodily injury and sentenced to fifteen years' imprisonment. The Sixth Court of Appeals affirmed her conviction. Hayes v. State, No. 06-19-00 138-CR (Tex. App. - Texarkana, Jan. 15, 2020). 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 that her plea was involuntary because, prior to her guilty plea, she was not aware that the injuries she inflicted on her foster child may not have met the legal definition of "serious bodily injury." She also alleges that she received ineffective assistance of counsel at her adjudication hearing. Applicant has alleged facts that, if true, might entitle her to relief. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Ex parte Morrow, 952 S.W.2d 530 (Tex. Crim. App. 1997). 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 her 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's plea was involuntary and whether she received ineffective assistance of counsel at her adjudication hearing. 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.