## 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-94,287-01

EX P ARTE EDWARD F RANK WILLIAMS, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. W13-24143-I(A ) IN THE NO. 2 DIST RICT COURT

F ROM DALLAS COUNTY

Per curiam . Y E A R Y , J., fi led a concurring opin ion in wh ich S L A U G H T E R , J., joined. O R D E R Applicant wa s convicted of ag g rava ted robbe ry

with a dea dly wea

pon and sentenced to 75 y ear s’ imprisonment. The Fifth Court of Appea ls aff irmed his conviction. W

illiams v. State, No. 05- 15-00470-CR (Tex. App.–Dallas, May 12, 2016). Applicant file d th is application for a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends that his plea was involuntary beca use defe nse counsel Br ian Wirsky e did not convey a 30-y ear plea offe r when it was made on April 26, 2013. I nstead, Applicant did not lear n of this plea offe r until over a y ear later, afte r Wirsky e had been repla ced by defe nse counsel Richard Fr anklin. Applicant ass er t s that he would have acc epted the plea offe r if he had known about it2

befor e it was withdrawn. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Brady v. United States , 397 U.S. 742 (1970). Ac cording ly , the re cord should be de veloped. The t rial court is the appropr iate forum for finding s of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). We are mindful that the rec ord has been develope d to some extent, in that it contains copies o f d ef

en s e co u n sels’ 2015 letters to the S tate Bar and an excerpt of a 2014 hear ing rec ord. There are some inconsistencies bet we en t hese materia ls. The trial court may order trial counsel and/or the pr osecutors to re spond to Applicant’s cla im, if appropria te. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I t appea rs that Applicant is repr esente d by counsel. I f the trial court elec ts to hold a hear ing, it shall deter mine if Applicant is re p re sented by counsel, and if not, 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 h al l appoint an attorney to repre sent Applicant a t the hear ing. See 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 as to whether Applicant’s plea was involuntary

. The trial court may make any other finding s and co n cl usions that it deems appropr iate in re sponse to Applicant’s c laim. I f appropr iate, the trial court may consider and deter mine whether Applicant' s claims should be barr ed by lache s. I f the trial court does so, it must g ive Applicant the opportunity to e x plain the

rea sons for the delay and g ive the St ate' s prosec utors an opportunity to state whether Applicant' s delay has ca used any prejudice to their ability

to defe nd ag ainst Applicant' s claims. The trial court shall make findings of fac t and conclusio n s o f l aw within ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things,3

aff idavits, motions, objections, proposed finding s and conclusions, orders , and transcr ipts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court.

Filed: Nove mber 23, 2022 Do not publish