## 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-89,901-02

EX P ARTE ROBERT L. MILLE R, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. C-17-0594- SA-W-1 IN THE 340TH DIS TRICT COURT

F ROM TOM G REEN 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 pleade d g uilty to murder and was sentenc ed to thirty -eig ht y ear s’ imprisonment. He did not appea l his conviction. Applic a nt c o nte n d s , a

mo n g o ther things, that his trial counsel rende red ineffe ctive assistance 1 beca use counsel failed to investigate, failed t o re view any evidenc e or discovery with Applicant, failed to challeng e the cre dibilit y of Applicant’s co-de fenda nt, failed to raise issues of illega l arr est

This Court has review ed Applica nt’s other c laims and finds them to be without merit. 12

and coer ced confe ssion by wa y of a motion to suppress, failed to move for a speedy trial or a reduc tion in bail, adv ised Applicant to plead g uilty pursuant to a plea ag ree ment, and failed to provide Applica

nt with a copy

of his file upon re quest following Applicant’s c onviction. 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 at the hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial c ourt shall first supplement the habeas record with copies of the pl ea doc uments, including any written plea a gree ment, admonishments, waiver s and stipulations, judicial confe ssion, and any evidenc e that was introduced in support of Applicant’s g uilty plea. The trial court shall also supplement the habea s rec ord with a copy of the trial docket, and with copies of any written motions that wer e filed by trial counsel in this case . The trial court s h al l 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 fi n d i n gs o f fact and conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applica

nt’s claim for ha

beas c orpus re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The3

issues shall be resolved within 90 day s of this order

. A supplemental tr an s cr i p t co n taining 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 the date of this order. A ny extensions of t ime must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: June 5, 2019 Do not publish