Opinion
NO. WR-67,237-06
05-17-2017
EX PARTE DAVID RAY WALLACE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W82-78857-J(B) IN THE CRIMINAL DISTRICT COURT NO. 3 FROM DALLAS 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 originally pleaded guilty to burglary of a building in exchange for ten years' probation. His probation was later revoked and he was sentenced to four years' imprisonment. He did not appeal his conviction.
Applicant contends that the district court was without jurisdiction to convict him in this case because he was sixteen years old when he committed the offense, and the juvenile court never waived jurisdiction. Applicant has long since discharged this sentence, but alleges that he is suffering continuing consequences because this conviction is being used to enhance his punishment in a pending federal case. Applicant has alleged facts that, if true, might entitle him 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.
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 Applicant's claims are barred by the common-law doctrine of laches. Ex parte Smith, 444 S.W.3d 661 (Tex. Crim. App. 2014). If the trial court determines that Applicant's claims are not barred by laches, the trial court shall make findings of fact as to how old Applicant was when he committed this offense in 1982, whether he was originally charged as a juvenile, and whether the juvenile courts waived jurisdiction in this case. 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: May 17, 2017
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