## 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. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. 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 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 sha ll de termine whether Applicant is indigent. I f Applicant is indige nt and wishes to be repr esente d by counsel, the tri al co u rt shall appoint an 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. The trial court shall make finding s of fac t and conclusions of law in r eg ard to A pplicant’s cl ai m t h at his plea was involuntary

. The trial court shall also make finding s as to whether t h e perf orm ance of Applicant’s 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 appropr iate to the dispositi on of Applicant’s claim for habea s corpus re lief.3

This application will be held in abey ance 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 the da te of this order . Any extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court. Filed: Nove mber 2, 2016 Do not publish