## 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-92,639-01

EX P ARTE BRADY WRIG HT BL ACK MORE, Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 59007-B*1 IN THE 78T H DISTRICT COURT

F ROM WICHITA COUNTY

Per curiam . O R D E R Applicant enter ed an open plea of guilty to driving while intox icated and was sentenc ed to ten y ear s’ imprisonment. He did not appea l his conviction. Applicant filed this application for a writ of habeas cor

pus in the county

of convic tion, 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 conte nds that his ple a was involuntary beca use he w as not proper ly

admonished by the trial court and beca use trial counsel was ineffe ctive for numerous rea sons. Applicant alleg es that trial counsel failed to a dvise him of his options wit h reg ard to plea ding guilty or g oing to tria l

on the char g es, failed to advise him about the punishment rang e he fac ed or the rig hts he was waiving by pleading g uilty , and promised Applicant that he would rec eive probation if the char g es2

wer e not “thrown out.” Applicant alleg es that trial counsel failed to communicate a seven- y ear plea offe r t o him, and erroneously advised him that he s h o u ld plead guilty to the t rial court rathe r t han being sentenc ed by a jury

. Applicant alleg es that trial counsel fa i l ed t o adequa tely revie w the evidenc e with Applicant prior to the plea. Applicant alleg es that trial counsel failed to file any pretrial motions, spec ifically , a motion to suppress the evidenc e obtained from the blood draw , which

acc ording to Applicant was done without a war rant. Applicant also alleg es that trial counsel failed to object to the introduction of the blood evidenc e when the expert who perf ormed the blood analy sis

was not prese nt a trial. Applicant alleg es that trial counsel instructed him to testify at the punishment hear ing and to admit to ever y thing that the State asked him about. Applicant alleg es that he was not ad vised of hi s rig ht to appea l afte r sentencing , and that althoug h trial counsel stated on the record that he would appea l, tr ial counsel did not file notice of appea l or respond to Applicant’s inquiries about an appea l. Applicant alleg es that trial counsel failed to pr ovide Applicant with a copy of his file until thirteen months after he wa s sentence d. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Hill v. Lockhart , 474 U.S. 52 (1985); Ex parte Argent , 393 S.W .3d 781 (Tex. Crim. App. 2013). Acc ording ly , the rec ord should be develope d. 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 r espond to Applicant’s claims. In developing the re cord, the trial court may use any means set out in Article 11.07, § 3(d). I f t he trial court elec ts to hold a hear ing, it shall deter mine 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 him 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

.3

The trial court shall first insure that the habea s rec ord i s supplemented with all rele vant d o cu m en t s , including the written plea paper s, admonishments, stipulations, the trial court’s

cer tification of Applica

nt’s rig ht to a

ppeal, any pre- trial motions that wer e filed and ruled on prior t o t he plea, and a transcr ipt of the plea and punishment proce eding

. Thet trial court s h al l m ak e finding s of fac t and conclusions of law as to whether trial counsel’s perf ormanc e was defic ient and Applicant would have insisted on a trial but for counsel’s alleg ed defic ient perf ormanc e. The trial court shall also make finding s of fac t a nd conclusions of law a s to whether A pplicant was a dvised of hi s rig ht to appea l, whether he indicate d a desire to appea l, and whethe r he was deprived of hi s rig ht to appea l by trial counsel’s failure to file notice of appea l. The trial court may make any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. The t ri al court shall make findings of fac t and conclusions 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, o rders, and transcripts 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: May

19, 2021 Do not publish