## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NO. WR-81,772-01

EX P ARTE ANTHONY RAY DA VISON, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 24709 IN THE 278T H DISTRICT COURT

F ROM WALK

ER 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 enter ed an open plea of guilty to burg lary of a building, and was sentenced to tw en t y y ea rs’ im prisonment. The Eleventh Court of Appea ls aff

irmed his conviction. Davison v. State , No. 11-10-00301- CR (Tex. App. – Eastland, August 9, 2012), aff’d , Davison v. State , 405 S.W .3d 682 (Tex. Crim. App. 2013). Applicant conte n d s that his trial counsel rende red ineffe ctive assistance beca use counsel failed to advise him of the punishment rang e attache d to the offe nse as enhance d b y three prior2

felony convictions, err oneously advised him that he would be elig ible for S AF P i f and only if he enter ed an open plea to the trial court, failed to obje ct to a dmonishments which descr ibed only the un-enha nced punishment rang e for the primary offe nse, and failed to object when the t ri al court sentenc ed Applica

nt to the max imum punis hment for the of fense as enha

nced. 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 Ap p l i ca n t’s claim of ineffe ctive assistance of counsel. Specifica lly , counsel shall state what advice she g ave Applicant reg arding h i s o p t i o ns for trial or plea. Counsel shall state whether she advised Applicant of the punishment rang e for the offe nse as enhanc ed, and why she did not object to the written admonishments, which contained the punishment rang e for the un-enha nced offe nse only

. Trial counsel shall state whether she considere d objecting when the trial court imposed a sentenc e for the enhanc ed offe nse, afte r having admonished Applicant only as t o the puni shment rang e for the un-enhance d sta te j ail felony offe nse. 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. 1 1

. 0 7 , § 3(d). In the appropriate

case , the trial cour

t may rely on its personal re collection. Id

. I f the trial court elec ts to hold a hearing , it shall determine whe ther Applica nt is indi g ent. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial co u rt s hall 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 supplement the rec ord with transcri p t s o f t h e plea and sentenc ing proce eding s in this case . The trial court shall then make finding s of fac t and conclusions of law as3

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 prejudiced Applicant. The trial court shall also make any ot her findings of fac t and conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s claim for ha

beas c orpus re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The issue s s h al l b e resolved within 90 day s of this order

. A supplemental transcr ipt 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 forwar ded to this Court within 120 day s of the date of this order . Any extensions of ti me s hall be obtained f

rom this Court.

Filed: August 20, 2014 Do not publish