## IN THE COURT O F CRIMINA L A PPEA LS OF TEXAS NOS. WR-81,484-01 & WR-81,484- 02

EX P ARTE RAYMOND KEITH WALLS , Appli cant
ON AP P LICATIONS FOR WRITS OF HABEAS CORP US

CAUSE NOS. CR 01624 & CR 01626 IN THE 102 DISTRICT COURT

N D F ROM RED RIVER C OUNTY
Per curiam . O R D E R Pursuant to the provisions of Article 11.07 of the Texas Code o f C ri m i n al Procedur e, the cl er k o f th e t ri al court transmitted to this Court these applications for writs of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of assault and ag g rava ted sexual assault and sentenc ed to twenty-five and six ty year s’ imprisonment, respe ctively
. The Six th Court of Appea ls aff irmed his conviction. W

alls v. State , Nos. 06-11-00157 & 06-11- 00158-CR (Tex. App.—Texarkana Jan. 31, 2012) (not designated f or publication). Applicant contends, among other things, that his trial counsel rende red ineffe ctive assistance beca use counsel did not investigate the finality of a conviction used for enhanc ement. Applicant2

alleg es that a prior conviction used to enha nce his sente nce w as not a fina l conviction. 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 Langley , 833 S.W .2d 141 (Tex. Crim. App. 1992). 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 appropriate forum for finding s of fac t. The trial court
s h all order trial counsel to respond to Applicant’s claim of i neff ective assistance of counsel
. T h e 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). In the appropriate ca se, the trial c ourt may rely on its personal re collection. Id
. I f the trial court elec ts to hold a he aring , it shall determine whe ther Applica nt is indi g ent. I f Applicant i s i ndige nt and wishes 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 finding s of fac t as to whether the enhanc ement para g raph alleg ing
a prior conviction in McCurtain County , Oklahoma Cause Number CF-2003- 497 was a final conviction capa

ble of enhanc ing the applicable rang e of punishment. The trial court shall make finding s of fac t as to whether the perf ormanc e of Applicant’s trial attorney 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 finding s of fac t and conclusions of law that it deems rele vant and appropriate to the dispositi on of Applica

nt’s claim for ha

beas c orpus re lief. These applications will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of this orde r. A supplemental transcript c ontaining 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, shall3

be forwar ded to this Court withi n 120 day s of the date of t his order
. Any extensions of t ime shall be obtained f

rom this Court.
Filed: August 20, 2014 Do not publish