No. WR-69,901-01
Delivered: June 11, 2008. DO NOT PUBLISH.
On Application for a Writ Of Habeas Corpus, Cause No. 0907043D In the 371st District Court from Tarrant 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.Crim.App. 1967). Applicant was convicted of two counts of aggravated sexual assault of a child and one count of indecency with a child and sentenced to fifty years' imprisonment on one count of aggravated sexual assault, forty years' imprisonment on the other count of aggravated sexual assault, and fifteen years' imprisonment on the count of indecency with a child. The Second Court of Appeals affirmed his conviction. Pape v. State, Cause No. 02-05-392-CR (Tex.App.-Ft. Worth, delivered November 30, 2006). Applicant contends that his trial counsel rendered ineffective assistance by failing to investigate, failing to call character witnesses at the guilt-innocence phase of trial, sponsoring damaging testimony to the jury, failing to object to impermissible medical testimony, failing to obtain expert assistance in preparation for trial, failing to object to improper bad act testimony, failing to object to the improper bolstering of the complainant's testimony, failing to object to a probation officer giving improper opinion testimony, and referring to his client as a pedophile who could not be cured in his closing statement on punishment. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 608 (1984); Ex parte Lemke, 13 S.W.3d 791,795-96 (Tex.Crim.App. 2000). 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 provide Applicant's trial counsel with the opportunity 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 as to whether the performance of Applicant's trial attorney was deficient and, if so, whether counsel's deficient performance prejudiced Applicant. 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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.