## 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-60,418-04

EX P ARTE ROBERT DARRELL BURELL , JR., Applicant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 31312-D IN THE 3RD DISTRICT COURT

F ROM AND 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 writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was char ged by indictment with one count of ag g ravated assault on a public
serva nt, one count of attempted ag g ravated assault on a public serva nt, and one count of assault on
a public ser vant. He appar ently pleade d g uilty to two counts of ag g rava ted assault on a public
serva nt in exchang e for two thirty -y ear sentenc es, running concur rently with eac h ot h er but
consec utively wi t h a p ri or sentenc e Applicant was serving when he committed these offe nses in prison. He did not appe al his convictions.2

Applicant contends, among other th i n gs , that his trial counsel rende red ineffe ctive 1 assistance , rende ring his g uilty plea involuntary
. Applicant alleg es that he told trial counsel that he wanted to plead not g uilty and g o to trial on the char g es, but that trial counsel told him that he would
rec eive life sentenc es for all three counts and that they would be order ed to run consec utively if he
wer e convic ted at trial. 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). 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 appropr iate forum for finding s of fac t. The trial court shall order trial counsel to respond to Applicant ’s cl ai m s of ineffe ctive assistance of counsel. Specifica lly , trial counsel shall state what advice he g ave Applicant reg arding the punishment rang es applicable to eac h count of the indictment, and whether he advised Applicant that he would rec eive three life sentenc es if he wer e convicted at trial. Trial counsel shall stat e wh et h er he advised Applicant that the s entenc es for eac h count could be ordered to run consecutively with eac h other if Applicant wer e convicted at trial. Trial counsel shall state whether he advised Applicant to plead g uilty , and whether he was prepa red to take the case s to trial if Applicant decide d that he wanted to do so. The trial c ourt 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 cou rt elec ts to hold a hearing , it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial co u rt s hall 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 court shall first supplement the habea s rec ord wi t h co p ies of the indictment,
This Court has review ed Applica nt’s other c laims and finds them to be without merit. 13

judgme nts, plea paper s including any written admonishments a nd written plea agree ment, and any other documents rele v ant to Applicant’s claims. The trial court shall make finding s of fac t and conclusions of law as to why the indictment appea rs to char g e Applicant with attempted ag g ravated assault of a public serva

nt in Count I I , but the plea documents and judgme nts indicate that Applicant pleade d g uilty to ag g ravated assault of a public serva nt in both Count I and Count I I
. 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 sha ll also make any other findings of fac t and conclusions of l aw that it deems rele vant and appr opriate to the disposition of Applicant’s c laim for habe as cor pus relief
. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 9 0 d ay s o f t h is 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 hearing 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 the date of this order. A ny extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court.
Filed: Apr il 5, 2017 Do not publish