## 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-15,305-03

EX P ARTE MARK

TWAIN SIMP SON, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. W13-56596-K (A) IN THE CRIMINAL DISTRICT COURT NO. 4 F ROM DALLAS COUNTY

Per curiam . Y E A R Y , J . filed a c oncurr ing opinion joined by K E L L E R , P.J . and S L A U G H T E R , J

. O R D E R Applicant was convicted of robber y and sentenc ed to twenty -five y ear s’ imprisonment. The Fifth Court of Appea ls aff i rm ed his conviction. Simpson v. State , No. 05-14-00618- CR (Tex. App.—Dallas April 20, 2015)(not desig nated for publication). Applicant filed this a pplication for

a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends, among other things, that trial counsel was ineffe ctive by convincing him to ple ad g uilty without a barg ain, by failing to proper ly advise him of the conseque nces of an open plea, by making him believe that the judge was g oing to g rant him probation or sentenc e him to less than 25 y ears , b y fa i l i n g to honor his desire to proce ed to a jury trial, by failing to secur e a plea2

barg ain for le ss than 25 y ear s when the tria l court g rante d a mot ion for new t rial, and by failing to adequately defe nd him during the State’s appea l on the issue of the g ranting of a new trial. Applicant has alleg ed fac ts that, if t ru e, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984). Acc ording ly , the re cord should be de veloped. The trial court is the appropr iate forum 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). The trial court shall order trial counsel
to respond to Applicant’s claims. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall deter m i n e whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint counsel to repr esent h i m at the 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 trial court shall make finding s of fac t and conclusions of law as to whether trial counsel’s perf ormanc e was defic ient and Applicant was prejudice d. The trial co u rt m ay m ake any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. The trial court shall make findings of fac t and co n clusions of l aw within ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, objections, 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: Aug ust 24, 2022 Do not publish