Opinion
WR-94,904-01
08-23-2023
EX PARTE AARON BRANDON GRAVES, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 11173 IN THE 90TH DISTRICT COURT FROM YOUNG COUNTY
ORDER
PER CURIAM
Applicant pleaded guilty to driving while intoxicated and was sentenced to seven years' imprisonment. He did not appeal his conviction. Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant contends that the indictment failed to vest the district court with jurisdiction because it only alleged a misdemeanor offense. Applicant has alleged facts that, if true, might entitle him to relief. Ex Parte Rodgers, 598 S.W.3d 262 (Tex. Crim. App. 2020). Accordingly, the record should be developed. The trial court is the appropriate forum for findings of fact. Tex. Code Crim. Proc. art. 11.07, § 3(d). It appears Applicant is represented by counsel. If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent, is not represented by counsel and wants to be represented by counsel, the trial court shall appoint counsel to represent him at the hearing. See Tex. Code Crim. Proc. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether Applicant had any prior convictions for driving while intoxicated (or other related offenses) which could have been used to enhance the current offense to a felony. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claims.
The trial court shall make findings of fact and conclusions of law within ninety days from the date of this order. The district clerk shall then immediately forward to this Court the trial court's findings and conclusions and the record developed on remand, including, among other things, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from hearings and depositions. See Tex. R. App. P. 73.4(b)(4). Any extensions of time must be requested by the trial court and obtained from this Court.