## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NO. WR-82,245-01

EX P ARTE KENDRICK DARON F LET CHER, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 17931-A IN THE 329TH DIS TRICT COURT

F ROM WHARTON COUNTY

Per curiam . O R D E R Pursuant to the provisions of Ar t i cl e 1 1

. 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 was convicted of possession with intent to deliver a controlled substance and sentenc ed to fifty y ear s’ imprisonment. The Thirteenth Court of Appea ls aff

irmed his conviction. Fletche r v. State , No. 13 -1 3 -0 0 4 4 4 -C R (Tex. App.

– Corpus Christi - Edinburg, January 30, 2014, pet. ref’d .) A p p li c a nt c o nte n d s , a

mong other things, that his trial counsel rende red ineffe ctive assistance 1

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

beca use counsel failed to investigate or communicate with Applicant adequately befor e trial, and failed to object when the State moved to amend the indictment to add a drug fre e zone alleg ation on the day of 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 respond to Applicant’s claims of i n ef fe ct i ve assistance of counsel. Specifica lly , trial counsel shall state whether he communicated with or met with Applicant prior to the day of t rial, and whether he performe d any independe nt investigation of the fac ts in thi s case . Trial counsel shall state whether he advised Applicant of his rig hts and his options, and as to whether he had notice that the State was seeking to amend the indictment. 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 case , the trial court may rely on its personal re collection. Id

. I f the trial c ourt elec ts to hold a hearing, it sha ll determine whe ther Applica nt is indi g ent. I f Applicant is indige nt and wishes to be repr esente d b y co un sel, 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 as t o whether the perf ormanc e of Applicant’s t ri al counsel was defic ient and, if so, whether counsel’s defic ient perf ormanc e prejudice d Applicant. The trial court shall also make any other fin dings 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.3

This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolv ed wi t h i n 9 0 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 for war ded to this Court withi n 120 day s of t he date of t his order

. Any extensions of ti me shall be obtained f

rom this Court.

Filed: Nove mber 5, 2014 Do not publish