## 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 NOS. WR-88,349-03 AND WR-88,349-04

EX P ARTE JEREMY CHAD BRAUN , Appli cant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. W-069062-B-02-WR AN D W-069063-B-02- WR

IN THE 181S T DIST RICT COURT F ROM P OTTE R COUNTY

Per curiam . O R D E R Applicant was convicted of unlawful possession of a firea rm by a felon in the -03 case , and possession with intent to deliver a controlled substance in a drug fre e zone in the -04 case . He was sentenc ed to ten y ear s’ imprisonment i n the -03 case , and seventy y ear s’ imprisonment in the -04

case , to run consec utively

. The Seventh Court of Appea ls aff irmed his convictions. Braun v. State , Nos. 07-15-00351- CR and 07-15-00352- CR (Tex. App. — Amarillo Aug

. 11, 2017) (not desig nated for pub l i ca t i o n )

. Applicant filed these applications for writs of habea s corpus in the county of conviction, and the district cler k forwa rded them to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07.2

A p p li c a n t contends that trial counsel was ineffe ctive beca use counsel failed to seek dis mi s s a l of the -04 char g es on the basis that the indictment was not timely , failed to challeng e the g rand jury proce ss, failed to consult with and present t estimony from a civil eng ineer or l icense d survey or t o show that Applicant did not possess the drug s within 1,000 fee t of a play g round, failed to challeng e the qualifica tions or methodology of the police office r who testified that Applicant’s residenc e was within 1,000 fee t of t h e play g round, and failed to object to Applicant’s sentence s in both case s as being disproportionate to the g ravity of the off enses ba sed on the fa cts prese nted at trial. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984). 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 claims. Specifica lly , trial counsel shall state when he was reta ined or appointed to repr esent Applicant , an d wh ether the i ndictments in either or both case s had been returne d at that time. I f Applicant had not y et been indicted in the -04 case at the time trial counsel

was reta ined or appointed, trial counsel shall state whether he considere d filing a motion to dismiss the prosec ution for failure to timely indict, pursuant to Article 32.01 of the Texas Code of Criminal Procedur e. Trial counsel shall state whether he believed that there exis ted any basis upon which to challeng e the g rand jury proce eding s in either case . Trial counsel shall state whether he considere d using an ex pert to challeng e the drug fre e zone alleg ation, and whether he challeng ed the qualifica tions of or the methods used by the police office r who testified at trial that the location wher e the drug s wer e found was within 1,000 fee t of a play g round. Finally , trial counsel shall state whether he considere d obj ec ting to the sentenc es assessed by the jury on the basis that they wer e disproportionate to the g ravity of the off enses f or which A

pplicant was on tria l.3

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 i s i n d i gen t. I f Appli ca n t is indige nt and wants to be represe nted by counsel, the trial court shall appoint counsel to r epre sent him a t 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 a ppointed or reta ined, the trial c ourt 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’s perf ormanc e was d ef

i ci en t an d Applicant was prejudice d. The trial court may make any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. The trial court shall make findings of fac t and conclusions of l aw with i n n inety 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 conclusions, order s, an d 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: Aug ust 19, 2020 Do not publish