## 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-87,027-01

EX P ARTE ANTHONY WAYNE NEAL, Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 14-138-CR-A IN THE 77TH DIS TRICT COURT

F ROM F REEST ONE 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 6 7 ). Applicant was convicted of driving while intox icated and sentenc ed to thirty y ear s’ imprisonment. I t appea rs that he waived his rig ht to appea l. Applicant contends, among other things, that h is tria l c o u n s e l r e n d e red ineffe ctive assistance 1 beca use counsel failed to perf

orm an adequate pre- trial investigation, failed to interview witnesses,

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

failed to obtain videos and photogr aphs of Applicant’s truck, failed to object to or move to suppress empty liquor bottles that wer e introduced by the State, failed to obtain an explana t i o n o f wh y the bottles w ere empty , failed to inf orm Applicant of a

motion to s uppress that was filed but not ruled

on prior to trial, failed to follow up on pre- trial motions, g ave a State’s witness advanc e notice of his intended cross-e x amination, and failed to aler t the trial court when jurors wer e sleeping during trial. 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 r espond to A pplicant’s claims of 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 hold a hearing , it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wish es t o 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 make fi n d i n gs 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, wheth er co unsel’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 abeyance until the trial court has resolved the fac t issues. The i s s u es shall be resolved within 90 day s of this order

. A supplemental transcr ipt containi n g al l aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or3

deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court wit hin 120 day s of the date of this order. Any extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: Jul y

26, 2017 Do not publish