Opinion
NO. WR-82,380-01
11-26-2014
EX PARTE AARON JULY WILLIAMS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 16843 IN THE 329TH DISTRICT COURT FROM WHARTON 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 pleaded guilty to aggravated robbery and was sentenced to twenty years' imprisonment. He did not appeal his conviction.
Applicant contends that his trial counsel rendered ineffective assistance, rendering Applicant's plea of guilty involuntary. Applicant alleges that trial counsel was ineffective because counsel did not advise him that he was eligible for probation from a jury. Applicant also alleges that trial counsel did not advise him that the testimony of an accomplice witness must be corroborated, or that such testimony could be impeached with evidence that the accomplice witness was testifying in exchange for consideration from the prosecutor.
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 claim 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 first supplement the habeas record with copies of the plea papers in this case, including any written plea agreement, admonishments, stipulations and waivers, and any evidence introduced in support of the plea. 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 make findings of fact and conclusions of law as to whether Applicant's plea was made knowingly and voluntarily. 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: November 26, 2014
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