Opinion
No. WR-71,445-01 -02
Filed: March 11, 2009. DO NOT PUBLISH.
On Applications for Writ of Habeas Corpus, Cause Nos. 13,032-A 13,033-A in the 21st District Court from Washington County.
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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of three counts of aggravated sexual assault and sentenced to twelve years' imprisonment. He did not appeal these convictions. Applicant contends that his pleas were involuntary to two of these counts because his agreement was that he would plead guilty to only one count with the others being dismissed. He also contends his counsel was ineffective in failing to implement this agreement, and that he never entered a plea to one of the counts. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 608 (1984); Ex parte Lemke, 13 S.W.3d 791,795-96 (Tex.Crim.App. 2000). 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 making findings of fact. The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d). In the appropriate case, the trial court may rely on its personal recollection. Id. The trial court shall make findings of fact and conclusions of law in regard to Applicant's claim that his pleas were involuntary or never entered, or that his counsel was ineffective in failing to implement the plea agreement. 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. 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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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. Any extensions of time shall be obtained from this Court.