Opinion
WR-95,084-01 WR-95,084-02
11-01-2023
EX PARTE JOHN BROWN LEWIS, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. C-432-W012328-1684902-A &C-432-W012333-1678628-A IN THE 432ND DISTRICT COURT FROM TARRANT COUNTY
ORDER
Per curiam.
Applicant pled guilt to possession of a controlled substance and theft of property, and was sentenced to 10 months state jail imprisonment in each case. The Applicant did not file direct appeals in these cases and the convictions have now discharged. Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See Tex. Code Crim. Proc. art. 11.07. The trial court found Applicant failed to allege collateral consequences and recommended this Court dismiss the applications. However, Applicant filed amended applications advising that these convictions were being used as the basis for a new criminal charge and meets the requirements for challenging discharged sentences.
Ex parte Harrington, 310 S.W.3d 452 (Tex. Crim. App. 2010).
Applicant contends that his guilty pleas were involuntary because his trial counsel advised him to accept a plea offer resulting in his immediate release (due to pre-sentence jail time credit) and to then fight the convictions on appeal. Applicant has alleged facts that, if true, might entitle him to relief. Brady v. United States, 397 U.S. 742 (1970); Ex parte Morrow, 952 S.W.2d 530 (Tex. Crim. App. 1997). 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 claim. 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 Applicant's plea was involuntary. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claim.
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.