## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NO. WR-40,355-04

EX P ARTE RONALD WAYNE HARRISON, Applicant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 4205 IN THE 271 DISTRICT COURT ST F ROM JACK

COUNTY P e r c u r i a m . O R D E R Pursuant to the provisions of Article 1 1
. 0 7 o f the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of indece ncy with

a child by contac t and sentenc ed to life imprisonment. The Seventh Court of Appea ls aff irmed his conviction. Harrison v. Stat e , No. 07-08-0155-CR (Tex. App.–Amar illo Oct. 30, 2008 p et
. re f’ d) (not desig nated f

or publication). Applicant allege s, amon g other thi ng s, that he is actua lly innocent of the offense based on the complainant’s alleg ed rec antat i o n. He proff ers a letter from a family member who say s she knows Applicant did not commit the crime , b ec ause the complainant has now told her that the2

prosec utor “sca

red her into saying what she did.” The habea s rec ord does not contain a re s p onse from the State or

finding s from the trial c ourt. Applicant has alleg ed fac ts that, if true, might entitle him to r elief. In these circ umstances, additional fac ts are neede d. As we he ld in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appro p ri at e fo rum for finding s of fac t. We believe that in
rec antation ca ses such a s this one, before we make the important decision of whe ther Applica nt is entitled to relief

, the rec ord should be more fully develope d. The trial court shall there fore conduct

a live evidentiar

y hear ing on the matter at which, at a minimum , the complainant shall be called to testify

. Be fore the t ri al co u rt holds a hear ing, it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial co u rt s h al l 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 findings of fac t and conclusions of l aw i n re gard to Applicant’s claim that the complainant’s alleg ed re cantation proves he is ac tually innocent of the offe nse. The trial court shall make specific finding s addre ssing the complainant’s cre dibilit y . The trial court shall also make finding s addre ssing whether this claim could have been discovere d befor e Applicant filed his previous habea s corpus application. T E X . C O D E C R I M . P R O C . art. 11.07 § 4(a) (1). The trial court shall al so make any other finding s of fac t and conclusions of law that it deems rele vant and appropr iate to the disposition of Applicant’s cla ims for habe as cor pus relief

. This application 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 order

. I f any continuance s are g rante d, a copy of the order g ranting the continuance shall be sent to this Court. A supplemental transcript c ontaining all3

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, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be returne d to this Court within 120 day s of the date of this order

. Any extensions of time sha ll be obtained fr om this C ourt.

Filed: Mar ch 4, 2015 Do not publish