## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NOS. WR-81,534-01, WR- 81,534-02 & WR- 81,534-03

EX P ARTE ST EPHEN F ARRELL EIKELBO OM, Applicant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. 94-106-K277, 94-650-K 277 & 94-105- K277 IN THE 277T H DISTRICT COURT F ROM WILLIAMSON COUNTY

Per curiam . Wom ack, J., not participati ng. O R D E R Pursuant to the provisions of Article 11.07 of the Texas Code o f C ri m i n al 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 pleade d g uilty to three char g es of b u rglary of a habitation. He origina lly rec eived defer red adjudication community supervisi o n fo r the -01 and -02 char g es, an d t en y ear s’ “straig ht” probation for the -03 char g e. He was later adjudicate d g uilty in the -01 and -02 case s, and sentenc ed to twenty -five y ear s’ imprisonment in eac h of those case s. His probati o n was revoke d in the -03 case , and he was sentenc ed to ten y ear s’ imp ri s o n m en t in that case , with all three sentenc es running concur rently

. He did not appea l his2

convictions. App li c a nt c o nte n d s , a

mo n g other things, that his trial counsel rende red ineffe ctive assistance 1 and cause d his pleas to be unknowing ly and involuntarily enter ed. Applicant alleg es t h at trial counsel failed to discuss the fac ts of the case or possible defe nses with him, and misrepre sented the sentenc es he would rec eive if he went to trial on the char g es. Although the plea paper s and admonishments are in the habea s rec ords in eac h case , there does not appea r to have been any admonishment as to the fac t that Applicant would be subjec t to the entire ra ng e of punishment for the offe nses if he w ere adjudicate d g uilty in the -01 and - 02 case s. 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). I n 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 t o re s pond to Applicant’s claim of ineffe ctive assistance of counsel. Specifica lly , trial counsel shall state whether he advised Applicant of t he S tate’ s evidence, of any possible defe nses to the char g es, and of his options with respe ct to pleading g uilty or taking the case s to trial. Counsel shall state specific ally whether he advised Applicant t h at if he wer e to be adjudicate d g uilty in the -01 and - 02 case s, the adjudicating judge could s entenc e him to any thing within the punishment rang e applicable to eac h 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. 11.07, § 3(d)

. I f t he trial co urt elec ts to hold a hearing , it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by cou n s el , the trial court shall appoint an

This Court has considere d Applicant’s other claims and finds them to be w ithout merit. 13

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 a transcr ipt of the orig inal plea proce eding s if such a transcr iption is available

. I f there are additional plea documents or admonishments which

wer e not included in habea s rec ord, t h e trial counsel shall supplement the rec ord with such d ocuments. The trial court shall make finding s of fac t and conclusions of law as t o wh et h er t h e perf ormanc e of Applicant’s trial counsel was defic ient and, i f s o , whether counsel’s defic ient perf ormanc e prejudiced 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. These applications will be held in abey ance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of this orde r. A supplemental transcr ipt c ontaining all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to this Court within 120 day s of t he date of this order. A ny extensions of ti me shall be obtained f

rom this Court.

Filed: Jul y

23, 2014 Do not publish