Opinion
WR-95,397-01
01-24-2024
EX PARTE LINDSEY TAYLOR HANKS, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 17-2366-K368 IN THE 368TH DISTRICT COURT FROM WILLIAMSON COUNTY
ORDER
PER CURIAM.
Applicant was convicted of aggravated robbery and sentenced to thirty-five years' imprisonment. She did not appeal. Through habeas counsel, 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 her guilty plea was involuntary because her plea agreement was not fulfilled. Applicant has alleged facts that, if true, might entitle her to relief. 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).
The trial court shall gather evidence and develop the record. In developing the record, the trial court may use any means set out in Article 11.07, § 3(d). The trial court shall make findings of fact and conclusions of law as to whether Applicant's plea was involuntary. The trial court may make any other findings and conclusions that it deems appropriate.
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.