## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NO. WR-83,586-01

EX P ARTE TERRY WAYNE WILLIS , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 65359-C IN THE 251ST DISTRICT COURT

F ROM P OTTE R COUNTY

Per curiam . O R D E R Pursuant to the provisions of Ar t i cl e 1 1

. 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 was convicted of possession of a controlled substance in a drug -fr ee zone and sentenc ed to twenty y ear s’ imprisonment. The Seventh C o u rt o f Ap peals aff

irmed his conviction. W illis v. State , No. 07-13-00417- CR (Tex. App.

— Amarillo, August 12, 2014)(not desig nated f or publication). A p p li c a nt c o nte n d s , a

mong other things, that his trial counsel rende red ineffe ctive assistance 1

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

beca use counsel failed to perf orm an independe nt investigation, failed to co n sult with Applicant prior to trial, failed to file any pre- trial motions, failed to raise the issue of Applicant’s competenc y to stand trial, failed to make appropr iate challeng es during voir dire , failed to object to evidenc e of extraneous unadjudicated offe nses, and f ailed to pre sent any

witnesses on Applica

nt’s behalf

. 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 o rd er t ri al counsel to respond to Applicant’s claims of ineffe ctive assistance of counsel. Specifica lly , trial counsel shall descr ibe the investigation and trial prepa ration he conducte d in this

case . Trial co u n s el s h al l state whether he consulted with Applicant prior to trial, and whether he discussed options and strategy with Appl icant. Trial counsel shall state whether he was awa re of evidenc e sug g esting that Applicant might not be competent to stand tri al, and if so, whether he reque sted a competenc y evaluati o n . Trial counsel shall state whether there wer e any issues perta ining to the sear ch and seizure in this case , and if so, whether he considere d filing a motion to suppress on this basis. Trial counsel shall state whether he reque sted or rec eived notice of the State’s intent to introduce extraneous offe nse evidenc e in this case . Trial counsel shall state whether or not Applicant provided him wi th the names of any potential witnesses, and if so, whether those witnesses

wer e ca lled to testify

on Applicant’s be half. 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 n the appr opriate c ase, the trial court may rely on its personal re collection. Id

. I f the trial c ourt elec ts to hold a hearing , it sha ll de termine whether Applicant is indige nt.3

I f Applicant is indige nt and wishes to be re p re s ented by 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 court shall make finding s of fac t and conclu s i o n s of law as to whether the perf ormanc e of Applicant’s trial counsel was defic ient and, i f s o , whether 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 abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s o f t h 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, shall be for war ded to this Court within 120 day s of t he date of t his order . Any extensions of ti me shall be obtained f

rom this Court.

Filed: August 26, 2015 Do not publish