Opinion
NO. WR-84,922-13 NO. WR-84,922-14
06-15-2016
EX PARTE LENDALL NOEL MORGAN, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 08693 & 08694 IN THE 196TH DISTRICT COURT FROM HUNT COUNTY
Per curiam. ALCALA, J., filed a concurring opinion in which JOHNSON, J. joined. YEARY, J., filed a concurring opinion, in which KEASLER and HERVEY, JJ., joined. 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 writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault with a deadly weapon and sexual assault of a child and sentenced to twenty years' imprisonment, to run concurrently. He did not appeal his convictions.
Applicant contends that his sentences are improper because he was sentenced multiple times, in multiple counties, for one criminal act.
Applicant also contends that trial counsel rendered ineffective assistance because counsel failed to challenge the State's evidence, failed to object to double jeopardy violations, and failed to object to jurisdictional defects in the indictments.
Applicant also contends that his pleas were involuntary because these pleas were entered into with the understanding that all remaining charges would be dismissed. However, Applicant alleges that, after being convicted and sent to TDCJ, he was bench warranted back to face the same charges in Hunt County.
Applicant has alleged facts that, if true, might entitle to relief. 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 claim 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 make findings of fact and conclusions of law in regard to Applicant's claim that his convictions violate double jeopardy. The trial court shall also make findings as to whether the performance of Applicant's attorney was deficient and, if so, whether counsel's deficient performance prejudiced Applicant. The trial court shall also make findings of fact and conclusions of law in regard to Applicant's claim that his pleas were involuntary. The trial court shall also make findings as to whether the State is prejudiced by Applicant's delay in presenting this claim under the doctrine of laches. 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 claims 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. Any extensions of time shall be obtained from this Court. Filed: June 15, 2016
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