Opinion
NO. WR-87,644-01
12-06-2017
EX PARTE DAVID EVERETT STEVENS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 52590-C-1 IN THE 89TH DISTRICT COURT FROM WICHITA COUNTY Per curiam. ALCALA, J., filed a concurring opinion. 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 solicitation of capital murder and sentenced to seventy-five years' imprisonment. The Second Court of Appeals affirmed his conviction. Stevens v. State, No. 02-12-00531-CR (Tex. App.—Ft. Worth Sept. 18,2014)(not designated for publication).
Applicant contends that his trial counsel rendered ineffective assistance in multiple grounds. He alleges that counsel was ineffective for, among other things, failing to object, failing to call witnesses, failing to request jury instructions, failing to properly present his defense of entrapment, and failing to adequately prepare him to testify and inform him of the possible consequences of testifying.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). 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 order trial counsel to respond to Applicant's claims 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 and conclusions of law as to whether the performance of Applicant's trial counsel 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. 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 must be requested by the trial court and shall be obtained from this Court. Filed: December 6, 2017
Do not publish