## 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-89,110-01

EX P ARTE CHARLES ROS S TURNER, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. CR22949-A IN THE 35 DISTRICT COURT T H F ROM BROWN 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 was convicted of possession of a controlled substance in a drug fre e zone and sentenc ed to thirty y ear s’ imprisonment. The Eleventh Court of Appea ls aff

irmed his conviction. Turner v. State , No. 11-15-00326- CR (Tex. App.—Eastland Jun. 30, 2017) (not desig nated f or publication). Applicant contends, among other things, that his trial counsel rende red ineffe ctive assistance beca use counsel did not challeng e the validity of the traff ic stop and did not contest the validity of the drug free zone finding

. The habeas recor d contains no response from the State or trial counsel2

and no finding s of fa ct from the tr ial court. 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

s h all order trial counsel to respond to Applicant’s claim of i neff ective assistance of counsel

. T h e 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). In the appropr iate ca se, the trial c ourt may rely on its personal re collection. Id

. I f the trial court elec ts to hold a he aring , it shall determine whe ther Applica nt is indi g ent. I f Applicant i s i ndige nt and wishes to 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. T he trial court shall make finding s of fac t and conclusions of law as to wheth er t h e perf ormanc e of Applica n t ’s trial counsel was defic ient and, if so, whether counsel’s defic ient perf ormanc e prejudiced Applicant. I n so doing, the court shall make specific findings addressing the leg al validity of the traff ic stop and the evidenc e supporting the d rug fre e zone finding in this

case . The trial court shall also make any other finding s of fac t and conclusions of law that it deems rele vant and a

ppropriate to the dispositi on of Applica nt’s claim for ha

beas c orpus re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The i s s u es s h al l be resolved within 90 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 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 withi n 120 day s of t he date of this order. A ny extensions of ti me must3

be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: De cembe r 5, 2018 Do not publish