## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NO. WR-81,996-01

EX P ARTE TONY JEROME COLE MAN, A ppl icant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. W04-73103-Y(A) IN THE CRIMINAL DISTRICT COURT NO. 7 FROMDALLAS 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 ag g ravated sexual assault of a

child and sente nced to six y ear s’ imprisonment. He did not appea l his conviction. Ap plicant contends that his trial counsel rende red ineffe ctive assistance beca use couns el incorre ctly advised Applicant that h e woul d be credited with pre- sentenc e jail time for tim e spent in jail as a condition of probation. Applicant alleg es that he wo u l d not have acc epted the plea agree ment but for this incorre ct advice
.2

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). In 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 respond to Applicant’s claim o f i n ef fec tive 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 hold a hearing , it shall deter mine whether Applican t is indige nt. I f Applicant is indige nt and wi s h es to be repr esente d by counsel, the trial court shall appoint an attorney to repre sent Applicant at the hearing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make fi n d i ng s of fac t and conclusions of law as to whether the perf ormanc e of Appl i ca n t ’s trial counsel was defic ient and, if so, whether counsel’s defic ient perf ormanc e prejudice d Applicant. The trial court shall make specific finding s addre ssing whether Applicant asked counsel about cre dit for time spent in jail as a condition of probation and, if so, how counsel advised him about his elig ibility for that time. The trial court s h al l al s o make any other finding s of fac t a

nd conclusions of law that it deems releva nt and appr opriate to the disposition of Applicant’s c laim for habe as cor pus relief
. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be re s o lved within 90 day s of this order
. A supplemental transcript containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, alongwith the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwa rded to this Cour t within 120 day s of the date of this order
. The habea s rec ord does not conta in c o pies of most rele vant court documents, including the docket sheet, plea paper s, indictment,3

and judgme nt. T E X . R. A P P . P. 73.4(b)( 4) (ef fec tive J an. 1, 2014). The supplemental rec ord shall also contain all other rele vant court documents require d by Rule of Appellate Procedur e 73.4(b)( 4). Any extensions of ti me shall be obtaine d from this Court.
Filed: September

24, 2014 Do not publish