## 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-83,738-01

EX P ARTE JORDAN DONALD TOLER, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 24629 HC-1 IN THE S IXTH DIST RICT COURT

F ROM LAMA R COUNTY

Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 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 orig inally pleade d g uilty to attempt to commit theft of property valued at more than $100,000 but less than $200,000, in e x chang e for defe rre d adjudication community supervision. He was later adjudicate d g u il ty a n d sentenc ed to three y ear s’ imprisonment. He did not appea l his conviction. A p p li c a n t c o n tends, among other things, that his trial counsel rende red ineffe ctive as s is ta n c e 1

This Court has considere d Applicant’s other claims and finds them to be w ithout merit. 12

beca use counsel failed to inve stiga te or advise Applicant of the availability of an insanity defe nse, and fa i l ed t o investiga te the value of the proper ty that Applicant was char g ed with attempting to steal. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984); Ex parte Patterson , 993 S.W .2d 114, 115 (Tex. Crim. App. 1999). I n these circ umstances, additional fac ts are neede d. As we held in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate forum for finding s of fac t. The trial court shall order trial counsel to r espond to A pplicant’s claims 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 t he trial court elects t o h old a hearing , it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d b y counsel, the trial court shall appoint an attorney to repre sent Applicant a t the hear ing. 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 o f l aw as to whether the perf ormanc e of Applicant’s trial counsel was defic ient and, if so, whe t h er counsel’s defic ient perf ormanc e prejudice d Applicant. The trial court shall also make any other finding s of fac t and conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s claim for habea s corpus re lief. This application will be held in abey ance until the trial court has resolved the fac t issues. The i s s u es s h al l be resolved within 90 day s of this order

. A supplemental transcr ipt containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to this Court withi n 120 day s of t he date of t his order

. Any extensions of time shall3

be obtained f

rom this Court.

Filed: September

16, 2015 Do not publish