## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-94,040-02

EX P ARTE ALVIN JEROME DAVIS, II., App licant

ON AP P LICATION FOR WR IT OF HABEAS CORP US CAUSE NO. 16CR19860A IN THE 123RD DISTRICT COURT

F ROM SHELB Y COUNTY

Per curiam . O R D E R Applicant pleade d g uilty to assault family violence. Ap p l i cant was orig inally place d on defe rre d adjudication com m u n i t y s u pervision for a period of five y ear s. Following adjudication, Applicant was sentenc ed to ten y ear s’ imprisonment. Applicant did not appea l his conviction. Applicant filed this application for writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant conte nds that his plea was involuntary beca use he was not pr operly admonished

on the applicable punishment rang e, and he was not provided an opportunity to withdraw his orig inal plea upon discovery of the err or. Applicant also contends that he was denied due proce ss when one of the prosec utors previously repr esente d him in the same case . Applicant has alleg ed fac ts that, if2

true, might entitle him to r elief. Brady v. United States , 397 U.S. 742 (1970); Ex parte Spain , 589 S.W .2d 132, 134 (Tex. Crim. App. 1979). Acc ording ly , the rec ord should be develope d. The trial court is the appropr iate forum for finding s of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). The trial court shall order trial counsel and adjudication counsel to respond to Applicant’s claims. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall deter m i n e wh et h er Appl icant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint counsel to repr esent him at the hear ing. See T E X . C O D E C R I M . P R O C . art. 26.04. I f counsel is appointed or reta ined, the trial court shall immediately

notify this Court of counsel’s name

. The trial court shall make finding s of fac t and conclusions of law as to whether trial counsel

was ineffe ctive for failing to corr ectly advise Applicant as to the proper punishment rang e, whether adjudication counsel was ineffe ctive for failing to advise Applicant of the possibili ty of withdrawing his plea, and whether Applicant’s plea was involuntary

. The trial court shall also make finding s of fac t and conclusions of law as to whether the prosec utor’s prior repr esenta tion of Applicant violated Applicant’s due proce ss rig hts upon adjudication. The trial court may make any other finding s and conclusions that it deems appr opriate in re sponse to Applicant’s c laims. The trial court shall make findings of fac t and conclusions of l aw wi t h i n ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, objections, proposed fin d ings and conclusions, order s, and transcr ipts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court. Filed: September

28, 2022 Do not publish