## 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-86,250-01

EX P ARTE JOHN CORBAN OGLETREE, Ap plicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 20,343-A IN THE 258TH DIS TRICT COURT

F ROM P OLK 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. 1 9 6 7). Applicant pleade d g uilty to two counts of ag g rava ted sexual assault and was sentenc ed to fifty y ear s’ imprisonment on eac h count. He did not 1 appea l his convictions. Applicant contends that trial counsel rende red ineffe ctive assistance beca use he failed to file

Acc ording to the judgme nt in the rec ord, Applica nt pleaded guilty

pursuant to a plea 1 barg ain for f

ifty y ear s’ imprisonment, but accor ding to Applica nt and trial counse l’s aff

idavit, Applicant plea ded g uilty

without a rec ommendation.2

a motion for a competenc y evaluation, investigate Applicant’s competenc y , explain the contents of the stipulation and waiver in the plea p ap er s , co n vey a twenty -y ear plea offe r, and investigate mitigating evidenc e. Applicant also contends t h at co u nsel advised him to plead guilty and to sign the stipulation and waiver beca use “it wa s g ood to do so.” 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. T he trial court shall order trial counsel to respond to eac h of Applicant’s ineffe ctive assistance of counsel claims. The trial c ourt 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 hold a hearing , it shall deter mine whether Ap p l icant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall appo i n t an attorney to repre sent him at the hea ring . 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 Applicant’s ineffe ctive assistance of counsel claim is barr ed by the doctrine o f lache s and whether counsel’s conduct was defic ient and Appli ca n t was prejudice d. The trial court shall also make any other finding s of fa ct and c onclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s c laim for habe as cor pus relief

. This application will be held in abey ance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of th i s o rd er . 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, shall3

be for war ded to this Court withi n 120 day s of the date of t his order

. Any extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court. Filed: January

25, 2017 Do not publish