## 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-89,449-01

EX P ARTE ADAM JOSEP H NUNEZ, A ppl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 11-03-00029-C RK-A IN THE 81ST DISTRICT COURT

F ROM K

ARNES 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 pleade d g uilty to ag g ravated sexual assaul t of a child in exchang e for ten y ear s’ defe rre d adjudication community supervision. His community supervisi o n wa s l ater revoke d, and he was sentenc ed to seventy y ear s’ imprisonment afte r adjudication. He did not appea l his conviction. Applicant contends, among other things, that his cou n s e l a t a d ju d ic a ti o n r e n d e r e d ineffe ctive 1

This Court has considere d Applicant’s other claims and finds them to be w ithout merit. 12

assistance , resulting in an invol untary plea of “true,” beca use counse l advised Applica nt that if he pleade d “true ” to the alleg ations in the motion to revoke , he would rec eive either 120 day s in Kar nes County J ail, or 120 day s of home conf inement. 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). I n 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 adjudication counsel to respond to Applicant’s claim of ineffe ctive assistance of counsel. Specifica lly , adjudication counsel shall state whether he explained Appl i cant’ s options at adjudication to him, and whether he told Applicant that he would likely rec eive 120 in County J ail

or 120 day s of home confine ment if he pleade d “true ” to the alleg ations in the motion to revoke

. 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)

. I f t he trial court elects t o hold a hearing , it shall deter mine whether Appl icant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the tri al co u rt 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. The trial cour t s h al l make finding s of fac t and conclusions of law as to whether the perf ormanc e of Applicant’s adjudicati o n c o u n s e l w a s d e f

ic ie n t a n d , if so, whether counsel’s defic ient perf ormanc e 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 abey ance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s o f t h i s o rder

. A supplemental transcr ipt containing all3

aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing 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 must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: F ebrua

ry 13, 2019 Do not publish