Opinion
NO. WR-86,411-01
10-04-2017
EX PARTE BILLY STEVEN NOWDEN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 24435 HC-1 IN THE 6TH DISTRICT COURT FROM LAMAR 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 was convicted of theft and sentenced to ten years' imprisonment. The Sixth Court of Appeals affirmed his conviction. Nowden v. State, No. 06-16-00086-CR (Tex. App.—Texarkana Aug. 26, 2016) (not designated for publication).
Applicant contends, among other things, that he was incompetent at the guilt and revocation stages of his case. On April 26, 2017, we remanded this application and directed the trial court to order plea and revocation counsel to respond to Applicant's claim. A response from only plea counsel was forwarded with the supplemental record.
Applicant has alleged facts that, if true, might entitle him to relief. 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 revocation counsel to respond to Applicant's claim. If revocation counsel has already responded, his response shall be forwarded to this Court. 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 him at the hearing. TEX. CODE CRIM. PROC. art. 26.04.
The trial court shall make further findings of fact and conclusions of law as to whether Applicant's plea was involuntary because he was incompetent at the revocation stage of his case. 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 4, 2017
Do not publish