## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NOS. WR-83,606-06, WR- 83,606-07, WR-83,606- 08, WR-83,606-09 & WR-83,606-10

EX P ARTE ROYCE WAYNE SEWEL L, App licant
ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. 1323375, 1323376, 1323377, 1323378 & 1323550

IN THE 8 DISTRICT COURT

T H F ROM HOP KIN S COUNTY
Per curiam . O R D E R Pursuant to the provisions of Article 11.07 of the Texas Code o f C ri m i n al Procedur e, the cl er k o f th e t ri al court transmitted to this Court these applications for writs of habea s corpus. E x parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant wa s convicted of burg lary of a habitation, attempt to take a wea pon from an office r, possession of con t ro l l ed s ub s tance in a drug fre e zone, a ssault on a public serva nt, and eva ding a

rre st. He was sentenc ed to imprisonment for twenty -five y ear s, two y ear s (state jail), two y ear s, ten y ear s, and two year s, respe ctively
. The Six th Court of Appeals dismiss ed Applica nt’s appea ls on his mot ion. Sewell v. State , Nos. 06-14- 00036-CR, 06-14-00037- CR, 06-14-00038- CR, 06-14-00039- CR & 06-14-00040-CR (Tex.2

App.—Texarkana

Apr. 24, 2014) ( not desig nated f or publication). Applicant co n t en d s that his guilty pleas wer e rende red involuntary by trial counsel’s ineffe ctive assistance
. He alleg es that counsel assure d him he would, in a worst case scena rio, fac e
a brief prison sentenc e. He also alleg es that counsel rende red ineffe ctive assistance at the punishment proce eding s when he did not prese nt mitigating evidenc e, conce ded that Applicant’s case s called for incar cer ation, and did not object to extraneous offe nse evidenc e that could have been excluded. The
rec ord conta ins no response f rom counsel a

nd no finding s from the trial c ourt. 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 orde r t ri al counsel to respond to Applicant’s claim of i neff ective 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
. It appea rs that Applicant is repres en t ed b y counsel. I f the trial court deter mines he is not repr esente d b y co u n s el and elec ts to hold a hearing, it shall then deter mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be re p rese nted by counsel, the trial court shall appoint an attorne y

to repre sent Applicant at the hearing. 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 ad d re ssing eac h of Applicant’s alleg ations 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 Ap p l icant. Should the court find that counsel’s advice to plead open cause d Applicant’s pleas to be involuntary , it shall make additional3

specific finding s as to wheth er t his cause d all five of Applicant’s guilty pleas to be involuntary
. Applicant to plead guilty to all five char g es, or whether The trial co u rt shall also make any other finding s of fac t a

nd conclusions of law that it deems releva nt and appr opriate to the disposition of Applicant’s c laims for habe as cor pus relief
. This application will be held in abeyance until the trial court has resolved the fac t issues. The issue s s h al l b e resolved within 90 day s of this order
. A supplemental transcript 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, shall be forwar ded to this Court within 120 day s of the date of this order . Any extensions of ti me s hall be obtained f

rom this Court.

Filed: Oc tober 7, 2015 Do not publish