## 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 NO. WR-81,682-01

EX P ARTE ARTHUR JEROME NORTON, Appl icant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 2011-03-11,792-C R IN THE 38TH DISTRICT COURT

F ROM UVA LDE COUNTY
Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 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 enter ed a plea of “no contest” to
as s au l t wi t h family violence in exchang e for two y ear s’ community supervision. His community supervision was later revoke d, and he was sentenc ed to two y ear s’ imprisonment. He did not appea l his conviction. A p p li c a nt c o ntends, among other things, that his trial counsel rende red ineffe ctive as s is ta n c e 1

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

beca use counsel did not i n v es t i gat e, contac t favor able witnesses, obtain a statement from the
co m p l ai n an t , seek pre- trial discovery , or explain the nature and conseque nces of the plea to Applicant. Applicant alleg es that the conditions of his community supervision wer e never explained to him, and that he was ne ver a dvised that he would be ineligible for manda tory supervision if his community

supervision wer e re voked in this case. 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 order trial counsel to respond t o Ap p l i cant’ s claim of ineffe ctive assist ance 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 Applicant is indige nt. I f Applicant is indige nt and wish es t o 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 co u rt s h al l first supplement the habea s rec ord with all documents perta ining to Applicant’s community supervision, including the conditions of commun i ty supervision, any modificati o n s o r amende d conditions imposed, any motion(s) to revoke , any plea documents perta ining to the revoc ation, and the judgme nt revoking community super v is io n. 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 defic ient perf ormanc e prejudice d Applicant. The trial court shall also make any other finding s of fa ct and conclusions of l aw that it deems relevant and appr opriate to the disposition of Applicant’s c laim for habe as cor pus relief
.3

This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolv ed wi t h i n 9 0 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 for war ded to this Court withi n 120 day s of t he date of t his order
. Any extensions of ti me shall be obtained f

rom this Court.

Filed: Jul y

23, 2014 Do not publish