Opinion
NO. WR-73,697-06 NO. WR-73,697-07 NO. WR-73,697-08 NO. WR-73,697-09
03-23-2016
EX PARTE RAUL DAVID JACKSON, Applicant
ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS CAUSE NOS. W06-00448-K(B), W06-00445-K(B), W06-00450-K(B) & W06-00453-K(B) IN CRIMINAL DISTRICT COURT NO. 4 FROM DALLAS 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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of one count of possession with the intent to deliver a controlled substance and three counts of delivery of a controlled substance. He was sentenced to imprisonment for forty-five, thirty, twenty-five, and twenty years. The Fifth Court of Appeals affirmed his convictions. Jackson v. State, Nos. 05-10-01190-CR, 05-10-01191-CR, 05-10-01192-CR & 05-10-01193-CR (Tex. App.—Dallas Mar. 22, 2012) (not designated for publication).
Applicant contends, among other things, that the trial judge lacked the authority to sua sponte withdraw his guilty pleas in cause numbers F05-54511, F05-55473, F05-56279, and F05-57397. He also contends that his present convictions violate the Double Jeopardy Clause.
On May 20, 2015, we remanded these applications so the trial court could complete its evidentiary investigation and make findings of fact and conclusions of law. On remand, the trial court made findings of fact and concluded that in cause numbers F05-54511, F05-55473, F05-56279, and F05-57397, the trial judge lacked the authority to sua sponte withdraw Applicant's guilty pleas. The trial court recommended that we grant relief. We disagree.
Article 11.07 "establishes the procedures for an application for writ of habeas corpus in which the applicant seeks relief from a felony judgment imposing a penalty other than death." TEX. CODE CRIM. PROC. art. 11.07, § 1. Applicant was not convicted and is not serving sentences in cause numbers F05-54511, F05-55473, F05-56279, and F05-57397. As we understand the record, these causes were dismissed. As a result, there are no "felony judgment[s] imposing a penalty other than death" in these causes, and we have no authority to review the legality of the trial judge's conduct in these causes.
We do believe, however, that the record is not adequate to resolve Applicant's claims. Applicant has alleged facts that, if true, might entitle him to relief. Brown v. Ohio, 432 U.S. 161, 165 (1977); 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 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 him at the hearing. TEX. CODE CRIM. PROC. art. 26.04.
The trial court shall make further findings of fact and conclusions of law as to whether (1) in cause numbers F05-54511, F05-55473, F05-56279, and F05-57397, the trial judge accepted the plea bargains and jeopardy attached; (2) in these cause numbers, the trial judge was authorized to withdraw Applicant's guilty pleas because he had breached or otherwise repudiated the plea bargains; and (3) Applicant's present convictions violate the Double Jeopardy Clause. In making these findings and conclusions, the trial court may order trial counsel in cause numbers F05-54511, F05-55473, F05-56279, and F05-57397 to respond. Finally, the trial court shall direct the District Clerk to forward the plea papers in cause numbers F05-54511, F05-55473, F05-56279, and F05-57397. 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. 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. The plea papers in the causes, as originally indicted, shall also be forwarded with the supplemental record. Any extensions of time shall be obtained from this Court. Filed: March 23, 2016
Do not publish