## 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-91,267-01

EX P ARTE LAWRENCE JOINER, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 13,679A IN THE 21S T DIST RICT COURT

F ROM BASTROP C OUNTY

Per curiam . O R D E R Applicant pleade d g uilty to ag g rava ted robber y and was sentenc ed to thi rt y y ear s’ imprisonment. The Third Court of Appea ls aff irmed his conviction. Joiner v. State , No. 03-09- 00694-CR (Tex. App.—Austin Aug

. 3, 2010) (not desig nated for publication). Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to thi s Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends that the State prese nted false testimony at his punishment hear ing, trial counsel was defic ient in his prepa ration for and during the punishment he aring , and trial counsel’s advice to Applicant t o reje ct t he S tate’s plea offer, plead to g uilty , and request proba tion from the jury was objectively unrea sonable. Applicant has alleg ed fac ts that, if true, might en t i t l e him to2

relief

. Ex parte W

einstein , 421 S.W .3d 656 (Tex. Crim. App. 2014); Strickland v. W ashington , 466 U.S. 668 (1984); Lafler v. C ooper , 566 U.S. 156 (2012). The trial court is the appr opriate f orum for finding s of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). Trial counsel signe d sworn aff idavits in 2013 and 2018. To resolve Applicant’s claims, the trial court may order counsel to respond in a third aff idavit. I n developing t h e re co rd , t h e trial court may also use any means set out in Article 11.07, § 3(d). Applicant appea rs to be repr esente d by counsel. I f he is not and the trial court elec ts to hold a hear ing, it shall deter mine whether Applicant is indige nt. I f Applicant is i n d i gen t and

wa n ts to be repr esente d by counsel, the trial court shall appoint counsel to repr esent him at t h e hear ing. See T E X . C O D E C R I M . P R O C . art. 26.04. I f counsel is appointed or reta ined, the trial court shall immediately

notify this Court of counsel’s name

. The t ri al court shall make finding s of fac t and conclusions of law as to whether the State prese nted false testimony at Applicant’s punishment hear ing that was materia l to his sentenc e. The trial court shall also make finding s and conclusions as to whether counsel advised Applicant to reje ct the S t at e’ s p l ea o ffe r, pl ead guilty , and request probation from the jury

. I f so, the t rial court shall deter mine whether this ad v i ce wa s defic ient and Applicant would have acc epted the State’s plea offe r, the State would not have withdrawn its offe r, and the trial court would have acc epted the plea barg ain. Finally , the trial court shall d et er m i n e wh ether counsel’s conduct in prepa ration for and during the punishment hear ing was defic ient and, if so, whether there is a rea sonable probability that Applicant’s sentenc e would have been dif fer ent. The tria l court may make a ny other finding s and conclusions that it deems appr opriate in re sponse to Applicant’s c laims. The trial court shall m ak e finding s of fact and conclusions of law withi n ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s3

finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, o bjections, proposed finding s and conclusions, order s, and transcr ipts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court.

Filed: September 23, 2020 Do not publish