Opinion
NO. WR-07,645-07
04-25-2018
EX PARTE MICHAEL BRENT BROWN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. B140443BR IN THE 163RD DISTRICT COURT FROM ORANGE COUNTY
Per curiam. 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 this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of a controlled substance and sentenced to life imprisonment. The First Court of Appeals affirmed his conviction. Brown v. State, No. 01-15-00042-CR (Tex. App.—Houston [1st Dist.] Dec. 1, 2015) (not designated for publication).
Applicant contends, among other things, that trial counsel failed to file a motion to suppress the stop of Applicant's car.
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 the above claim. 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 he is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent him at the hearing. TEX. CODE CRIM. PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether counsel was deficient for not filing a motion to suppress and Applicant was prejudiced. 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 claim for habeas corpus relief.
This application 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. The trial court shall also order the District Clerk to forward with the supplemental record a copy of the dash cam, if it exists. Any extensions of time must be requested by the trial court and shall be obtained from this Court. Filed: April 25, 2018
Do not publish