## 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-93,207-06

EX P ARTE JASON MICHAEL BADYRKA , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 1129647-B IN THE 182ND DIST RICT COURT

F ROM HARRIS COUNTY

Per curiam . Y E A R Y , J., fi led a concurring opin ion in wh ich S L A U G H T E R , J., joined. O R D E R Applicant pleade d g uilty to robber y and two other char g es, in exchang e for three concur rent eig ht-y ear sentene s. T h e First Court of Appea ls dismiss ed his appea l for want of jurisdiction. Badyrka v. State , No. 01-21-00339- CR (Tex. App. — Houston [1 Dist.] November 16, 2021) (not st desig nated for publication). Applicant filed this application for a writ of habea s corpus in the county of convi ct ion, and the district cler k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends that his plea was involuntary beca use trial counsel failed to investiga te, failed to obtain discovery that would have disproved an element of the o ff en s e, an d err oneously advised Applicant reg arding the nature of the char g es and the conseque nces of his plea. Specifica lly ,2

Applicant alleg es that trial counsel advised him that he would finish his obliga tions in 2015, and did not advise him that the collater al eff ect of his g uilty plea to robber y would be the loss of more than eig ht y ear s of st ree t time credit on his prior 20-y ear sentenc es. Applica

nt has allege d fac ts that, if true, might entitle him to relief

. Hill v. Lockhart , 474 U.S. 52 (1985); Ex parte Argent , 393 S.W .3d 781 (Tex. Crim. App. 2013). Acco rd i n g ly , the record should be developed. The trial court is the appropr iate forum for findings of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). The trial court shall order trial counsel to re spond to Applicant’s cla ims. I n developing the re cord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall deter m i n e whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint counsel to repr esent him at the hear ing. See T E X . C O D E C R I M . P R O C . art. 26.04. I f counsel is app o i n t ed o r retained, the trial court shall immediately notify this Court of counsel’ s name. The trial court shall make finding s of fac t and conclusions of law as to whether trial counsel’s perf ormanc e was defic ient and Applicant would have insisted on a trial b u t for counsel’s alleg ed defic ient perf

ormanc e. The trial court may make any other finding s and conc lusions that it deems appropr iate in re sponse to Applicant’s c laims. The trial court shall make findings of fac t and conclusions of l aw wi t h i n ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, objections, proposed fin d ings and conclusions, order s, and transcr ipts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court.3

Filed: June 15, 2022 Do not publish