## 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-89,506-02

EX P ARTE JAMES INGRA M, JR., Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 210-16-B IN THE 25TH DISTRICT COURT

F ROM G ONZA LES 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 assault of a public

serva nt and sentenc ed to twenty -five y ear s’ imprisonment. The Thirteent h C ourt of Appea ls aff irmed his conviction. Ingram v. State , No. 13-17-00490- CR (Tex. App. — Corpus C h ri s t i

- EdinburgDec ember

6, 2018) (not designated f or publication). Applicant contend, among other things, that his trial counsel rende red ineffe ctive assistance 1

This Court has review ed Applica nt’s other c laim and finds it to be without merit. 12

beca use trial counsel failed to object to this char g e on the basis of double jeopar dy , failed to object to the use of an out-of-state conviction for enhanc ement purposes, and failed to reque st a competenc y evaluation for Applicant. 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 r espond to A pplicant’s claims 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). In the appropr iate ca se, the trial c ourt may rely on its personal re collection. Id

. I f the trial cour

t elects to hold a he aring , it shall determine whe ther Applica nt is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall appo i n t 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 make finding s of fac t an d co n clus ions of law as to whether the perf ormanc e of Applicant ’s t ri al counsel was defic ient and, if so, whether counsel’s defic ient perf ormance 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. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of th 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 hearing or deposition, alongwith the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall3

be for war ded to this Court withi n 120 day s of the date of t his order

. Any extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: October

23, 2019 Do not publish