## 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-90,867-01

EX P ARTE ANTHONY D. WEAVER, Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. D-1-D C-06-206278- A IN THE 331S T DIST RICT COURT

F ROM TRAVIS COUNTY

Per curiam . O R D E R Applicant was convicted of attempted hara ssment by a person in a corr ectional fac ility and sentenc ed to 1 y ear imprisonment. He did not appea l his conviction. Applicant filed this application for a writ of habea s corpus in the county of conviction, and t h e 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 contends that his plea was involuntary beca use defe nse counsel told him he could “take the case and g o home,” and if the complainant was later “found in the wrong ,” Applicant could

re- open the case . Applicant also states t hat counse l advised him that, if he did not acc ept the plea offe r, it could take months to g o to trial and he mig ht not ge t out of j ail in time for the birth of hi s

son. Additionally , Applicant ave rs that counse l did not contac t or call Applicant’s witnesses who2

could verify that the complainant hit Applicant, and counse l d i d n o t ask other office rs about the incident or wait to see the Police Monitor’s repor t which sustained all of Applicant ’s alleg ations ag ainst the complainant. Applica nt alleg es that def

ense c ounsel failed to proper ly investiga te t his

case . Applicant has alleg ed fac ts tha t, if true, might entitle him to relief

. Brady v. United States , 397 U.S. 742 (1970). 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 to respond to Applicant’s claim. 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 mine whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint co u n s el t o 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 Applicant’s plea was involunt ar y . T he trial court may make any other finding s and conclusions that it deems appropr iate in response to Applicant’s claims. Addi t ionally , the trial court shall enter finding s reg arding lache s. Carrio v. S t a t e, 992 S.W .2d 486 (Tex. Crim. App. 1999); Ex parte Perez, 398 S.W .3d 206 (Tex. Crim. App. 2013). Fur ther, the court shall deter

mine whether Applicant suffe rs 1

Be fore making this determination, the trial cour t shall give Applicant the oppor tunity to 1 respond a nd explain his delay

. See E x parte Smith, 444 S.W .3d 661, 670 (Tex. Crim. App. 2014) (“A n applicant must be a ffor ded this opportunity —irrespe ctive of w hether the State alleg es the delay disadvantag es its own position—before a court re commends or c oncludes that lac hes compels the a

pplication’s denial” ).3

any collater al conse quence s resulting from this conviction. The trial court shall make findings of fa ct and conclusions of l aw within 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 finding s and con clusions, 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: F ebrua

ry 26, 2020 Do not publish