## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NO. WR-82,138-03

EX P ARTE HAROLD LE ON RYALS, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 20140D00184 IN THE 41 DISTRICT COURT ST F ROM EL P ASO COUNTY

Per curiam . O R D E R Pursuant to the provisions of Article 11.07 o f th e T ex as 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 was convi ct ed o f two counts of assault of a public serva n t an d sentenc ed to four y ear s’ imprisonment for eac h count. He did not appea l his convictions. Applicant’s first writ application did not challeng e the leg al validity of the conviction or sente nce. Applicant contends, among other things, that his trial counsel rende red ineffe ctive assistance beca use he conducte d no independe nt investigation of the char g es and insisted that Applicant plead guilty , ag ainst his wishes. Applicant also alleg es that counsel misinformed him a bout his rig ht to a2

speedy trial an d u s ed Applicant’s confine ment in the County J ail as lever ag e to coer ce him into pleadingguilty

without prior discussion of Applicant’s options. 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 Applicant’s cl ai m o f i neff ective assistance of counsel. 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 court elects t o hold a hearing , it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wishes t o b e repr esente d by counsel, the trial court shall appoint an attorney to repre sent Applicant at the hearing. T E X . C O D E C R I M . P R O C . art. 26.04. Th e tri al court shall make finding s of fac t and conclusions of law as to whether the perf ormanc e of Applicant’s trial counsel was defic ient and, if so, whether Applicant would h ave insisted on a trial, but for counsel’s defic ient perf ormanc e. The trial court shall also make any other finding s of fa ct and c onclusions of law that it de ems rele vant and a ppropriate to the dispositi on of Applicant’s c laim 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

. A supplemental tran s cr i p t co n t aining 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 for war ded to this Court within 120 day s of t he date of this order. Any extensions of ti me shall be obtained f

rom this Court. Filed: January

13, 2016 Do not publish