Opinion
WR-96,065-01
11-27-2024
EX PARTE LASHONE JAMES WALKER A.K.A. LASHONE JAMEL WALKER, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-485-W012523-1811253-A IN THE 485TH DISTRICT COURT FROM TARRANT COUNTY
ORDER
PER CURIAM
Applicant pleaded guilty to aggravated assault of a family member with a deadly weapon, causing serious bodily injury, and was sentenced to 20 years' imprisonment. He did not appeal his conviction. 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 convey to Applicant a plea offer of four years while it was still available. Applicant asserts that he would have accepted the plea offer, but for counsel's deficient performance that deprived Applicant of the opportunity to accept it. Instead, three years after the State extended the plea offer of four years, Applicant agreed to a 20-year plea offer to avoid facing a sentencing range of 25 years or more at trial.
Applicant further contends that his guilty plea was involuntary because trial counsel failed to investigate and discover that the allegations of serious bodily injury and use of a deadly weapon were not supported by the facts. Applicant asserts that counsel's failure to investigate these allegations led to a substantially higher plea offer and punishment range than Applicant faced when he was initially indicted.
Applicant also states that defense counsel did not explain the substantive elements of the charged offense, the factual allegations supporting those elements, and the penalties. Applicant asserts that his guilty plea was involuntary because he did not possess an understanding of the law in relation to the facts. Ex parte Palmberg, 491 S.W.3d 804, 807 (Tex. Crim. App. 2016) (citing McCarthy v. United States, 394 U.S. 459, 466 (1969)). He would not have pleaded guilty if he had been sufficiently aware of the alternative courses of action open to him.
Applicant has alleged facts that, if true, might entitle him to relief. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781 (Tex. Crim. App. 2013). 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 claims. 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 whether there is a reasonable probability that:
(A) But for counsel's failure to timely convey the State's four-year plea offer, Applicant would have pleaded guilty and received a four-year sentence.
(B) But for counsel's failure to investigate and challenge the deadly weapon and serious bodily injury allegations, those allegations would have been withdrawn from the indictment and Applicant would have been subjected to a lower punishment range.
(C) Applicant's guilty plea was involuntary because counsel failed to sufficiently inform Applicant of the elements of the offense and the factual allegations and penalties.
The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claims.
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.