Opinion
WR-92 956-01
09-15-2021
EX PARTE NGA LONE AUNG, Applicant
DO NOT PUBLISH
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 072330-01-E-WR IN THE 108TH DISTRICT COURT FROM POTTER COUNTY
ORDER
PER CURIAM.
Applicant was convicted of capital murder of multiple persons and sentenced to life imprisonment without parole. The Seventh Court of Appeals affirmed his conviction. Aung v. State, No. 07-19-00096-CR (Tex. App.-Amarillo Mar. 5, 2020, pet. ref'd) (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, among other things, that trial counsel was ineffective because she failed to protect his speedy trial rights; failed to investigate whether he was sane at the time he committed the offense; and failed to fully explain his rights and the consequences regarding testifying at trial. Applicant also contends that counsel had a conflict of interest. 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.
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 shall also make specific findings as to whether counsel investigated a speedy trial claim; whether counsel investigated Applicant's sanity at the time he committed the offense; whether counsel fully informed Applicant of both his rights and the consequences related to testifying at trial; and whether counsel had a conflict of interest. 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.