## 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 NOS. WR-91,997-01 & 91,997- 02

EX P ARTE DAVID JOEL DAVIS, JR., Appli cant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. CR33223-A & C R33225-A IN THE 253RD DISTRICT COURT F ROM LIBERTY COUNTY

Per curiam . O R D E R Applicant pleade d g uilty to evading arr est with a vehicle and felon in possession of a firea rm and was sentenc ed to thirty -five y ear s’ impri s o n m en t on eac h count. He did not appea l his convictions. Applicant filed these applications for writ s of habea s corpus in the county of conviction, and the d i s t rict cler k forwa rded them to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends, among other thi ng s, that his pleas wer e involuntary , plea counsel was ineffe ctive, and the State failed to disclo s e materia l exculpatory evidenc e. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Hill v. Lockhart , 474 U.S. 52 (1985); Ex parte Argent , 393 S.W .3d 781 (Tex. Crim. App. 2013); Brady v. Maryland , 373 U.S. 83 (1963). Acc ording ly , the2

rec ord should be develope d. The trial 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). The trial court shall order counsel and the prosec utor in Applicant’s

case s to respond. The prosec utor shall state whether videos from a police office r’s body came ra and

a McDona ld’s surveillance came ra exis ted and, if so, whether they wer e disclosed t o Appl icant befor e he pleade d g uilty

. Counsel shall state whether he (1) investiga ted these videos and, if so, what he deter mined from his investiga tion; (2) told Applicant he would be convicted of a “simple felony ” in his evading arr est case and explained to him that there would be a deadly wea pon finding ; and (3) advised Applicant to plead g uilty beca use he was not being paid and did not want to spend any more time on his case s than he had to. I n developing the rec ord, the trial court may use any means set out in Article 1 1 .07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint counsel to repr esent him at the hea ri n g. See T E X . C O D E C R I M . P R O C . art. 26.04. I f counsel is appointed or reta ined, the trial court shall immediately notify this Court of counsel’s

name. The trial court shall make finding s of fac t and conclusions of law as to whether (1) trial counsel’s perf

ormanc e was defic ient and Applicant would have insisted on a trial but for counsel’s alleg ed defic ient perf

ormanc e; (2) the State failed to disclose materia l exculpatory evidenc e befor e Applicant pleaded g uilty ; and (3) A pplicant’s dec ision to pl ead g uilty was voluntary

and knowing afte r his motion to suppress was denied

. Fi n al ly , the trial court shall order the L iberty County District Clerk to forwa

rd the plea paper s in these case s. The trial court may make any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. The trial court shall make findings of fac t and conclusions of l aw within ninet y d ay s from3

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, aff idavits, motions, objections, proposed finding s and conclusions , order s, 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: J anuar

y 13, 2021 Do not publish