Opinion
NO. WR-85,327-01
09-21-2016
EX PARTE SHANNON RAE SPRADLIN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 14-1329-CR-B-A IN THE 274TH DISTRICT COURT FROM GUADALUPE 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 improper relationship between educator and student and sentenced to six years' imprisonment.
Applicant contends that she is actually innocent of the offense and that her guilty plea was involuntary due to trial counsel's ineffective assistance. See Ex parte Elizondo, 947 S.W.2d 202, 205 (Tex. Crim. App. 1996); Ex parte Tuley, 109 S.W.3d 388, 392 (Tex. Crim. App. 2002); Ex parte Morrow, 952 S.W.2d 530, 534 (Tex. Crim. App. 1997); Strickland v. Washington, 466 U.S. 668, 687 (1984). Applicant presents several affidavits and supporting exhibits, including an affidavit from the victim, indicating that there was no sexual contact while he was a student. There is no response from trial counsel in the habeas record or findings from the trial court as to the claims or the credibility of the witnesses giving affidavits.
Applicant has alleged facts that, if true, might entitle her to relief. 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 may use any means set out in TEX. CODE CRIM. PROC. art. 11.07, § 3(d). In the appropriate case, the trial court may rely on its personal recollection. Id.
It appears that Applicant is represented by habeas counsel. If the trial court elects to hold a hearing, and if Applicant is no longer represented by habeas counsel, 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 and conclusions of law in regard to Applicant's claims. 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 shall be obtained from this Court. Filed: September 21, 2016
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