Opinion
WR-95,797-01
07-31-2024
EX PARTE SHAWN PAUL POORE, Applicant
Do not publish
On Application for a writ of Habeas Corpus Cause No. 38,887A in the 66th District Court from Hill County
ORDER
PER CURIAM.
Applicant pleaded no contest to burglary of a habitation and was sentenced to 35 years' imprisonment. Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant contends that his plea was involuntary because trial counsel failed to investigate and discover that Applicant was a resident of the home he was charged with burglarizing. Applicant asserts that if defense counsel had investigated, he would not have advised Applicant to plead guilty to an offense he did not commit.
Applicant has alleged facts that, if true, might entitle him to relief. Brady v. United States, 397 U.S. 742 (1970). 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 trial counsel to respond to Applicant's claim. 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 trial counsel's performance was deficient and there is a reasonable probability that Applicant would not have pleaded guilty to burglary of a habitation, but for counsel's alleged deficient performance. The trial court shall make findings of fact and conclusions of law as to whether Applicant's plea was knowing and voluntary and whether laches is applicable to the claim. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claim.
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.