Opinion
WR-95,069-03 WR-95,069-04
07-31-2024
EX PARTE CHRISTOPHER LEE MABE, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 42608CR/B & 42609CR/B IN THE 40TH DISTRICT COURT FROM ELLIS COUNTY
ORDER
PER CURIAM.
Applicant was originally placed on deferred adjudication for a period of ten years for aggravated sexual assault of a child. Later, he was adjudicated guilty and sentenced to imprisonment for life. The Tenth Court of Appeals affirmed his convictions. Mabe v. State, Nos. 10-21-00282-CR & 10-21-00283-CR (Tex. App.-Waco July 27, 2022) (not designated for publication). 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.
Applicant contends, among other things, that initial trial counsel, adjudication counsel, and appellate counsel were ineffective for various reasons. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Smith v. Robbins, 528 U.S. 259 (2000); Ex parte Miller, 330 S.W.3d 610 (Tex. Crim. App. 2009). 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 initial trial counsel, adjudication counsel, and appellate 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 initial trial counsel, adjudication counsel, and appellate counsel's performances were deficient and Applicant was prejudiced. The trial court shall also make findings of fact and conclusions of law as to whether Applicant was certified to be tried as an adult. The trial court shall supplement the writ record with a copy of the juvenile certification, if any exists. 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.