Opinion
WR-95,329-01
01-10-2024
EX PARTE BOBBY JACK SINGLETON, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W-0900001-A IN THE 194th JUDICIAL DISTRICT COURT FROM DALLAS COUNTY
ORDER
Per curiam.
Applicant was convicted of aggravated robbery and sentenced to seventy-five years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Singleton v. State, No. 05-09-01069-CR (Tex. App.-Dallas Jan. 24, 2012). 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 appellate counsel was ineffective for failing to raise a meritorious claim on direct appeal that the deadly weapon finding was improperly made and should be deleted from his judgment. Applicant cites to his co-defendant's direct appeal as representing identical facts and the beneficial outcome which came from raising the claim on direct appeal. Applicant has alleged facts that, if true, might entitle him to relief. Smith v. Robbins, 528 U.S. 259 (2000); Ex parte Miller, 330 S.W.3d 610 (Tex. Crim. App. 2009). 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 appellate 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.
Gunter v. State, No. 05-0900324-CR (Tex. App.-Dallas Sept. 29, 2010).
The trial court shall make findings of fact and conclusions of law as to whether appellate counsel's performance was deficient and Applicant was prejudiced. The trial court shall also make findings as to the State's claim that consideration of Applicant's claims is precluded by laches. 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.