From Casetext: Smarter Legal Research

Ex parte Dickerson

COURT OF CRIMINAL APPEALS OF TEXAS
Jan 13, 2016
NO. WR-84,289-01 (Tex. Crim. App. Jan. 13, 2016)

Opinion

NO. WR-84,289-01

01-13-2016

EX PARTE STEVEN UNDRA DICKERSON, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2011F00163 IN THE 5TH DISTRICT COURT FROM CASS 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 unauthorized use of a vehicle and sentenced to ten years' imprisonment. He did not appeal his conviction.

Applicant contends, among other things, that trial counsel failed to learn that Applicant was paying for the vehicle in question.

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 counsel to respond to Applicant's 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 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 as to whether counsel's conduct was deficient and Applicant would have insisted on a trial but for counsel's alleged deficient conduct. 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. Any extensions of time shall be obtained from this Court. Filed: January 13, 2016
Do not publish


Summaries of

Ex parte Dickerson

COURT OF CRIMINAL APPEALS OF TEXAS
Jan 13, 2016
NO. WR-84,289-01 (Tex. Crim. App. Jan. 13, 2016)
Case details for

Ex parte Dickerson

Case Details

Full title:EX PARTE STEVEN UNDRA DICKERSON, Applicant

Court:COURT OF CRIMINAL APPEALS OF TEXAS

Date published: Jan 13, 2016

Citations

NO. WR-84,289-01 (Tex. Crim. App. Jan. 13, 2016)