Opinion
NO. WR-91,316-01
07-22-2020
EX PARTE CHRISTOPHER RYAN LAMB, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 28574-A(1) IN THE 42ND DISTRICT COURT FROM TAYLOR COUNTY
Per curiam. ORDER
Applicant pleaded guilty to sexual assault of a child and was sentenced to eight 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, among other things, that his plea was involuntary because trial counsel provided ineffective assistance of counsel. Applicant alleges that trial counsel refused to seek a bond reduction or move for a speedy trial at Applicant's request, failed to communicate plea offers to Applicant, advised Applicant that it would be to his advantage to plead guilty because he would only have to register as a sex offender for ten years as opposed to having to register for life if he were convicted at trial, and told Applicant that he would have got the charges dropped if Applicant was paying him. Applicant alleges that he asked the trial court to appoint a different attorney, but that the trial court denied his requests. Applicant alleges that he maintained his innocence and would not admit his guilt, causing the trial court to refuse to accept his plea until trial counsel advised Applicant that he had to admit guilt. Applicant alleges that he had an affirmative defense to the charge of sexual assault of a child because he was not more than three years older than the victim, but that the defense was not pursued.
Applicant has alleged facts that, if true, might entitle him to relief. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781 (Tex. Crim. App. 2013). 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 order trial counsel to respond to Applicant's claims. In developing the record, the trial court may use any means set out in Article 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 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. If counsel is appointed or retained, the trial court shall immediately notify this Court of counsel's name.
The trial court shall make findings of fact and conclusions of law as to whether trial counsel's performance was deficient and Applicant would have insisted on a trial but for counsel's alleged deficient performance. 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. Filed: July 22, 2020
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