Opinion
WR-93 429-01 WR-93 429-02
01-26-2022
EX PARTE DAVID E. WOOD, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. D-17-1993-CR & D-17-1994-CR IN THE 358TH DISTRICT COURT FROM ECTOR COUNTY
ORDER
PER CURIAM.
Applicant pleaded guilty to aggravated sexual assault of a child in two cause numbers and, after a period of deferred adjudication, was sentenced to life imprisonment in each cause. The Eighth Court of Appeals affirmed his convictions. Wood v. State, Nos. 08-20-00108 & 109-CR (Tex. App.-El Paso Dec. 18, 2020)(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 that his initial plea to deferred adjudication was involuntary because trial counsel failed to investigate possible defenses and failed to investigate Applicant's mental health and competency to plead guilty. 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 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. It appears that Applicant is represented by counsel. If different 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 trial counsel's performance was deficient and Applicant would have insisted on a trial but for 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.