## 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-27,263-07

EX P ARTE WILL IE EUGENE HARDEMAN, A ppl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 10-10380-A IN THE 252ND DISTRICT COURT

F ROM JEF F ERSON 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 (Te x . C ri m . App. 1967). Applicant was convicted of ag g ravated robber y and sentenc ed to seventy -five y ear s’ imprisonment. The Ninth Court of Appea ls aff irmed his conviction. Hardeman v. State , No. 09-13-00468- CR (Tex

. App.—B eaumont Nov. 19, 2014)(not desig nated f

or publication). I n his supplemental application, Applicant contends, among other things, that counsel failed to interview the individual that actua lly co m m i t ted the offe nse, failed to prese nt exculpatory evidenc e (an unsworn decla ration from the “true perpe trator” ) that would have exonerated him,2

failed to prese nt results from a competenc y hear ing, failed to introduce rec ords from the Depa rtment of Veter ans Affa irs perta ining to Applicant’s mental and phy sical conditions, and failed to object to the trial judg e’s attempts to coer ce Applicant i nto pleading g uilty

. Applicant also alleg es hi s plea

was involuntary beca

use trial counsel told Applicant that the trial judge wanted the cas e o ff his docket and if Applicant insisted on g oing to tria l, the judge would make sure Applicant rec eived a life sentenc e. Applicant claims he told counsel he was innocent, but counsel continued to coer ce and pressure Applicant, and threa tened to withdraw from repr esenting Applicant if he insisted on g oing to trial. After rema

nd, the trial court rec ommends deny ing relief and states, in its finding s of fac t, that Ap p l i ca n t has failed to establish that his g uilty plea was involuntary and that trial counsel did not rende r constitutionally ineffe ctive assistance of counsel. These finding s of fac t and the trial court’s

rec ommendation to deny relief are not supported by a respons e fr o m co u n sel. A response was order ed by

this Court i n its remand orde r. 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); Ex parte Axe l , 757 S.W .2d 369 (Tex. Crim. App. 1988). 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 fa ct

. T he trial court shall order counsel to respond to Applicant’s claim of ineffe ctive 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 the trial c ourt elec ts to hold a hearing , it shall de termine whether Applicant is indig ent. I f Ap p l icant is indige nt and wishes to be repr esente d by counsel, the trial court shall appoint an3

attorney to repre sent Applicant a t the hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. After obtaining a response from counsel, the trial court shall make finding s o f fa ct and conclusions of law in reg ard to Applicant’s claim that his plea was involuntary

. The trial court shall also make finding s as to w hether the perf ormanc e of A

pplicant’s attorne y

was de ficient a

nd, 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 appropr iate 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 issues shall be resolved within 90 day s o f t h i s o rd er . 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 within 120 day s of t he date of t his order . Any extensions of ti me shall be obtained f

rom this Court. Filed: F ebrua

ry 15, 2017 Do not publish