## 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-90,476-01, WR- 90,476-02 AND WR-90,476-03

EX P ARTE TEVIN TYREL L GARRETT, Ap plicant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. 18CR20508A, 17CR20221A A ND 17CR20217A

IN THE 123RD DIST RICT COURT F ROM SHELB Y COUNTY

Per curiam . O R D E R Pursuant to the provisions of Article 11.07 of the Tex as C o d e o f Criminal Procedur e, the cl er k o f the trial court transmitted to this Court these applications for writs of habea s cor p u s . E x parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant pleade d g uilty to one char g e of evading arr est or detention with a motor vehicld and two char g es of burg lary of a habitation and orig inally rec eived de fer

red a djudication community supervision. He wa s later a djudicated g uilty and sentenc ed to ten y ear s’ imprisonment for the evading arr est char g e and twenty y ear s’ imprisonment for eac h of the burg lary char g es, all running concur rently

. He did n o t ap p ea l h is convictions.2

Applicant contends, among other things, that his trial c o u n s e l r e n d e r e d in e f

f ective assistance 1 resulting in unknowing and involuntary pleas. Applicant alleg es that trial counsel failed to adequately

consult with him, and a dvised him to plead g uilty to all three c harg es without advising him that the State lacked suf ficient e vidence to support the convictions. 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 state whether he communicated with Applicant, whether he advised Applicant of the State’s evidenc e, and what advice , if any , he provided to Applicant with r eg ard to his options of enter ing a plea or g oing to trial on the char g es. 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 el ec t s to hold a hearing , it shall deter mine whether Applicant is indige nt. I f Applicant is i n d i gent and wishes to be repr esente d 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 first supplement the habea s rec ords with copies of all of the rele vant plea documents in these case s, including any written plea ag ree ments, admon i s h m ents, waiver s, stipulations and judicial confessions, any evidenc e that was introduced to support the pl eas, and a transcr ipt of the plea proce eding s. The trial court shall 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

This Court has considere d Applicant’s other claims and finds them to be w ithout merit. 13

defic ient perf

ormanc e prejudice d Applicant

. T h e trial court shall make finding s of fac t and conclusions of law as to whether Applicant’s orig inal pleas of g uilty wer e knowing ly and voluntarily entered. The trial court shall also make any other finding s of fac t and conclusions of law that it deems re levant and a

ppropriate to the dispositi on of Applica nt’s claim for ha

beas c orpus re lief. This application will be held in abey ance until the trial court has resolved the fac t issues. The issue s s h al l b e resolved within 90 day s of this order

. 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 forwar ded to t his Court withi n 120 day s of the date of this order. Any extensions of ti me m ust be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: Nove mber 6, 2019 Do not publish