Opinion
No. WR-64,222-01
Delivered: April 12, 2006. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus, Cause Number 19007-a (1) in the 42nd, District Court Taylor County.
ORDER
This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant pled guilty to possession of a controlled substance and was sentenced to a term of fifteen years in prison. His direct appeal was dismissed in an unpublished opinion. Carmouche v. State, No. 11-99-00340-CR (Tex.App.-Eastland, delivered January 6, 2000, no pet.). In this application for a writ of habeas corpus, Applicant contends that his trial counsel was ineffective for failing to challenge the legality of his search and the legality of his arrest. The State has not responded to Applicant's claims, and the trial court has not entered findings of fact and conclusions of law. It is this Court's opinion that additional information is needed before this Court can render a decision. Because this Court does not hear evidence, though, the trial court is the appropriate forum. Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex.Crim.App. 1960). Thus, the trial court shall resolve these issues as set out in Article 11.07, Section 3(d), of the Texas Code of Criminal Procedure, in that it shall order trial counsel to supply an affidavit that addresses Applicant's claims of ineffective assistance of counsel. The trial court may also order depositions, interrogatories, or hold a hearing. In the appropriate case, the trial court may also rely on its personal recollection. If the trial court elects to hold a hearing, the court shall first decide whether Applicant is indigent. If the trial court finds that Applicant is indigent, and Applicant desires to be represented by counsel, the trial court will then, pursuant to the provisions of Article 26.04 of the Texas Code of Criminal Procedure, appoint an attorney to represent him at the hearing. Following the receipt of additional information, the trial court shall determine whether Applicant was denied effective assistance of counsel, and the trial court shall make any further findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's application for habeas corpus relief. Further, because this Court does not hear evidence, Ex parte Rodriguez, 334 S.W.2d at 294, this application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. Resolution of the issues shall be accomplished by the trial court within 90 days of the date 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 returned to this Court within 120 days of the date of this order.
In the event any continuances are granted, copies of the order granting the continuance shall be provided to this Court.
Any extensions of this time period shall be obtained from this Court.