Opinion
WR-93,347-02 WR-93,347-03
10-04-2023
EX PARTE GREGORY SCOTT SIPPEL, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 1430076-A & 1430077-A IN THE 180TH DISTRICT COURT FROM HARRIS COUNTY
ORDER
PER CURIAM.
Applicant was convicted of possession with intent to deliver a controlled substance, a compound containing not more than 15 milligrams of dihydrocodeinone (hydrocodone) per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts, weighing at least 28 grams but less than 200 grams by aggregate weight. He was also convicted of possession with intent to deliver heroin, 4 to 200 grams. Applicant was sentenced to concurrent terms of 6 years' imprisonment. He 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 that his plea to possession of hydrocodone was involuntary, and that he is actually innocent of possessing hydrocodone, because a lab report disclosed after he pleaded guilty and was convicted establishes that he did not possess hydrocodone. He also contends that his plea to possession of 4 to 200 grams of heroin was involuntary because a lab report disclosed after he pleaded guilty and was convicted establishes that he possessed only a trace amount of heroin. He relies on this Court's opinion in Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App. 2014).
Applicant has alleged facts that, if true, might entitle him to relief. Accordingly, the records should be developed. The trial court is the appropriate forum for findings of fact. Tex. Code Crim. Proc. art. 11.07, § 3(d). In developing the records, the trial court may use any means set out in Article 11.07, § 3(d).
Applicant appears to be represented by counsel. If he is not and the trial court holds 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's pleas were 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 records 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.