Opinion
WR-96,045-01
10-09-2024
EX PARTE DANNY ABRAHAM SALAS, JR., Applicant
Do not publish
On Application for a writ of Habeas Corpus Cause No. 84046-01-D-WR in the 320th District Court from Potter County
ORDER
PER CURIAM.
Applicant pleaded guilty to possession of a controlled substance, one gram or more but less than four grams, and was sentenced to three 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, and his sentence is illegal, because the quantity of controlled substance for which he was indicted and pleaded guilty was higher than the quantity actually in his possession. Applicant has alleged facts that, if true, might entitle him to relief. Brady v. United States, 397 U.S. 742 (1970).
The State is in agreement that relief should be granted; however, there are no findings of fact and conclusions of law from the trial court. Accordingly, the record should be further developed. The trial court is the appropriate forum for findings of fact. Tex. Code Crim. Proc. art. 11.07, § 3(d). In developing the record, the trial court may use any means set out in Article 11.07, § 3(d). It appears that Applicant is represented by counsel. If the trial court elects to hold a hearing, it shall determine if Applicant is represented by counsel, and if not, 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 Applicant's plea was involuntary, and whether Applicant's sentence is illegal. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claims. The trial court shall also supplement the habeas record with a copy of the laboratory results.
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.