## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NO. WR-82,430-01

EX P ARTE SHANE JE RMAIN E MATTHEWS , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 10824JD-HC-1 IN THE 1ST DIS TRICT COURT

F ROM JASP ER COUNTY

Per curiam . O R D E R Pursuant to the provisions of Ar t i cl e 1 1

. 07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of ca pital murder

an d s en t enced t o life i mprisonment. The Thirteenth Court of Appeals aff irmed hi s conviction i n Matthews v. State , No. 13-12-00051- CR (Tex. App.—Edinburg –Corpus Christi J uly 25, 2013)(not desig nated f

or publication). Applicant contends that his trial counsel rende red ineffe ctive as s i s t an ce. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984);2

Ex parte Patterso n , 993 S.W .2d 114, 115 (Tex. Crim. App. 1999). In these circ umstances, additional fac ts are neede d. As we he ld in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the tria l court is the appr opriate f orum for f

indings of f

act. The trial court sha ll order trial counsel to respond to Applicant’s claim of ineffe ctive assistance of counsel. The trial court may use any means set out in T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d)

. I f the trial c ourt elec ts to hold a hearing, it sha ll de termine whe ther Applica nt is indi g ent. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall ap p o i nt an attorney to repre sent Applicant at the hearing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make finding s of fac t and conclusions of law as to whether counsel: (1) failed to file a motion to sever there by allowing the admittance of evidenc e that would be prejudicia l to Applicant if tried along with his co-de fenda nts; and, (2) failed to object to a letter (State’s Ex hibit #64) without reda cting instructions conce rning Applicant’s co-de fenda nts. The trial court shall also make finding s of fac t and conclusions of law as to whether the perf ormanc e of Applicant’s trial counsel was defic ient and, if so, whether counsel’s defic ient perf ormanc e prejudice d Applicant. The trial court shall also make any other findings of fac t and conclusions of l aw that it deems relevant and appr opriate to the disposition of Applicant’s c laim for habe as cor pus relief

. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of this order. A s up p l em ental transcript containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, alongwith the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court within 120 day s of t he date of this order. Any extensions of ti me shall be obtained f

rom this Court.3

Filed: January

14, 2015 Do not publish