## 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-23,698-02 & - 03

EX P ARTE JAMES DALE WEL D, Applicant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. W17-56055-P (A) & W16-76598-P (A) IN THE 203RD DIST RICT COURT F ROM DALLAS 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 these applications for wr i t s o f h ab ea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of burg lary of a habitation and sentenc ed to twenty y ear s’ imprisonment in eac h count, to be serve d

concur rently . He did not appe al his convictions. Applicant contends that his plea was involuntary beca use counsel assure d Applicant that if he pled open to the trial court, he would rec eive no more than five y ear s’ imprisonment. Applicant also contends that his trial counsel rende red ineffe ctive assistance beca use counsel failed to reque st

an examin i n g t ri al , failed to challeng e his confe ssion as involuntary , failed to file a motion for2

discovery , failed to inves t i gat e the charg es, advised Applicant to plead guilty when she knew Applicant was innocent, and err ed in telling Applicant that the S t at e’ s fi n al offe r was twenty -five year s when, in fa ct, the State’s f inal offe r wa s twenty

y ear s. 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 order trial counsel to respond to Applic a nt’ s c laim of involuntary plea and ineffe ctive 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). I f t he trial court elects t o h old a hearing , it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d b y counsel, the trial court shall appoint an attorney 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 in reg ard to Applicant’s claim that plea was involuntary

. The trial court shall also 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 defic ient perf

ormanc e prejudice d Applicant. The tr i al co u rt 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

. These applications will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of this orde r. A supplemental transcript c ontaining 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, shall3

be for war ded to this Court withi n 120 day s of the date of t his order

. Any extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: Oc tober 24, 2018 Do not publish