## 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-90,056-01

EX P ARTE EMILY PA IZ, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. CR11002080-F (1) IN THE 214TH DIS TRICT COURT

F ROM NUECES 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. 1 9 67). Applicant pleade d g uilty to intox ication manslaug hter and was sentenc ed to twenty y ear s’ imprisonment. She did not appea l her conviction. Applicant contends, among other things, t h at her trial counsel rende red ineffe ctive 1 assistance , causing her plea to be unknowing ly and involuntarily enter ed. Applicant alleg es that trial counsel advised her that she would have twenty -four hours to “re cant” if she pleade d g uilty , and that

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

she was fac ing a thirty -y ear sentenc e if she did not sign the plea ag ree ment. Applicant alleg es that

one of her prior misdemeanor convictions was obtained without the assistance of counsel, and could not have been used to prove the felony murder count with which she was also char g ed. The habea s record does not contain copies of the written plea admonishments or waiver s, stipu l at i o n s an d judicial confe ssion. Applicant has alleg ed fac ts that, if true, might entitle her 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 trial counsel to respond to Applicant’s claim of ineffe ctive assistance o f co u n s el. Specifica lly , trial counsel shall state what advice , if any , he provided to Applicant with reg ard to her options for g oing to trial on the char g es, pleading g uilty pursuant to an ag ree ment or enter ing an open plea. Trial counsel shall state whether he ad v ised Applicant of the l ikelihood that the S tate could prove the g reater char g e of felony murder at trial, and if so, whether he investigated Applicant’s prior convictions and their availability for this purpose. Trial couns el s h all state whether he advised Applicant that she was pleading guilty in e x chang e for the maxi mum se ntence for a second deg ree felony , and of the eff

ect of the aff

irmative deadly wea

pon finding on her parole elig ibilit y . 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 mi n e whether Applicant is indige nt. I f Applicant is ind i gen t and wishes to be repr esente d by counsel, the trial court 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 court shall first supplement the habeas record with copies of the plea documents,3

including the written admonishm ents, waiver s, stipulations , judicial confe ssion, and any evidenc e that was introduced to support the plea. The trial court shall make finding s of fac t and conclusions of law as to whether the perf ormanc e of Applicant’s trial counsel was defic ient and, if so, whether counsel’s defi ci en t perf

ormanc e prejudice d Applicant. The trial court shall also make any other finding s of fa ct and c onclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s c laim for habe as cor pus relief

. This application will be held in abeyance until the trial court has resolved the fac t issues. The i s s u es s h all be resolved within 90 day s of this order

. A supplemental transcr ipt containing al l 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 the date of this order. A ny extensions of t ime must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: Aug ust 21, 2019 Do not publish