Opinion
NO. WR-89,042-01
10-31-2018
EX PARTE LAJUANA SHUNTA LONG, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 10124-A IN THE 90TH DISTRICT COURT FROM YOUNG 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 this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to murder and was sentenced to thirty years' imprisonment. She did not appeal her conviction.
Applicant contends, among other things, that her trial counsel rendered ineffective assistance resulting in an unknowing and involuntary plea of guilty. Applicant alleges that trial counsel failed to adequately consult or communicate with her prior to trial, and failed to investigate and discover that Applicant was speaking to police outside her home when the murder took place. Applicant alleges that she asked trial counsel if she could get a new lawyer, and he told her that she could not. Applicant alleges that trial counsel failed to explain the nature and consequences of the plea to her. Specifically, she alleges that she did not understand that she would not be able to appeal as a result of her plea agreement.
This Court has reviewed Applicant's other claims and finds them to be without merit. --------
Applicant has alleged facts that, if true, might entitle her to relief. Strickland v. Washington, 466 U.S. 668 (1984); 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 shall order trial counsel to respond to Applicant's claims of ineffective assistance of counsel. 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 Applicant at the hearing. TEX. CODE CRIM. PROC. art. 26.04.
The trial court shall first supplement the habeas record with copies of the plea documents in this case, including any written plea agreement, written admonishments, stipulations and judicial confession. If evidence was introduced to support the plea, the trial court shall supplement the habeas record with copies of such evidence, along with a transcript of the plea proceedings. The trial court shall make findings of fact and conclusions of law as to whether the performance of Applicant's trial counsel was deficient and, if so, whether counsel's deficient performance prejudiced Applicant. The trial court shall make findings of fact and conclusions of law as to whether Applicant's guilty plea was knowingly and voluntarily entered. 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.
This application 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. Any extensions of time must be requested by the trial court and shall be obtained from this Court. Filed: October 31, 2018
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