Opinion
NO. WR-85,658-01 NO. WR-85,658-02 NO. WR-85,658-03 NO. WR-85,658-04 NO. WR-85,658-05 NO. WR-85,658-06
10-05-2016
EX PARTE JAMES LEWIS BELGER, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 24373A-422 (COUNTS 1-6) IN THE 422ND DISTRICT COURT FROM KAUFMAN COUNTY
Per curiam. ALCALA, J., filed a concurring opinion. ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of four counts of aggravated sexual assault of a child (Counts 1, 2, 3, and 4), indecency with a child by sexual contact (Count 5), and indecency with a child by exposure (Count 6), and sentenced to life imprisonment in Counts 1 and 2, ninety-nine years' imprisonment in Counts 3 and 4, twenty years' imprisonment in Count 5, and ten years' imprisonment in Count 6. He did not appeal his convictions.
Applicant contends, among other things, that his pleas were involuntary and that trial counsel rendered ineffective assistance because counsel: (i) coerced Applicant to enter pleas, promising Applicant that the State would recommend probation; (ii) failed to explain to Applicant the consequences of pleading guilty to a crime he did not commit; (iii) threatened Applicant that if he refused to plead guilty, counsel would quit, and promised to do everything possible to get Applicant convicted and sentenced to life if he insisted on a trial; (iv) conspired with the prosecution to coerce Applicant to plead guilty; and, (v) failed to have Applicant's competency evaluated.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. The trial court shall order trial counsel to respond to Applicant's claim of ineffective assistance of counsel. The trial court may use any means set out in TEX. CODE CRIM. PROC. art. 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 wishes to be represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing. TEX. CODE CRIM. PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law in regard to Applicant's claim that his pleas were involuntary. The trial court shall make findings as to whether the performance of Applicant's attorney was deficient and, if so, whether counsel's deficient performance prejudiced Applicant. The trial court shall also make findings and conclusions as to whether Applicant's application is barred by the doctrine of laches. See Ex parte Smith, 444 S.W.3d 661 (Tex. Crim. App. 2014). In doing so, the trial court shall give Applicant the opportunity to respond and explain his delay. Id. at 670. The trial court shall also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claims for habeas corpus relief.
These applications will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be forwarded to this Court within 120 days of the date of this order. Any extensions of time must be requested by the trial court and shall be obtained from this Court. Filed: October 5, 2016
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