Opinion
WR-95,469-01
02-28-2024
EX PARTE JAMES MICHAEL JONES, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F9727-A IN THE 8TH DISTRICT COURT FROM FRANKLIN COUNTY
ORDER
Per curiam.
Applicant pleaded guilty to aggravated assault and, after a sentencing hearing, was sentenced to thirty years' imprisonment. The Second Court of Appeals affirmed his conviction. Jones v. State, No. 06-22-00088-CR (Tex. App-Texarkana Feb. 1, 2023)(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 that trial counsel was ineffective and his plea was involuntary because trial counsel promised him that he would receive probation if he pleaded guilty. He also alleges that trial counsel was ineffective at sentencing by failing to object to a video. He contends that appellate counsel was ineffective as well for failing to raise an issue on appeal. Applicant has alleged facts that, if true, might entitle him to relief. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781 (Tex. Crim. App. 2013). 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 and appellate counsels 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 either counsels' performance was deficient and whether Applicant would have insisted on a trial but for trial counsel's alleged deficient performance. 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.