## 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-93,809-01

EX P ARTE KEDRIC D EJUAN ROG ERS, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. W17-70756-N( A) IN THE 195TH DIS TRICT COURT

F ROM DALLAS COUNTY

Per curiam . O R D E R Applicant orig inally pleade d g uilty to ag g rava ted assault with family violence in exchang e for defe rre d adjudication community supervision. He was later adjudicate d g uilty and sentenc ed to twenty -five y ear s’ i mprisonment. The Fifth Court of Ap p ea l s af fi rm ed his conviction. Rogers v. State , No. 05-19-00957- CR (Te x . App. — Dallas J une 16, 2020) (not desig nated for publication). Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district clerk f

orwa 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 adjudication c o u n s e l w a s in e f

f e c ti v e f o r various

reas o n s , including failing to investiga te or seek out witnesses identified by Applicant, failing to familiarize herse lf with the fac ts of Applicant’s case and confusing it with that of another client, and2

failing to challeng e the alleg ation that Applicant committed a new offe ns e when the State lacke d evidenc e conne cting Applicant to that new of fense

. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984). 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

counse l 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 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 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 immedi at el y n o t i fy this Court of counsel’s na

me. The trial court shall first ensure that the habea s rec ord is supplemented with all rele vant documents, specific ally including the orig inal plea paper s, the order of defe rre d adjudi cation, the motion to adjudicate , any written motions filed by adjudication counsel, a transcr ipt of the adjudication proce eding s , e v idence relied upon to support the alleg ations in the motion to adjudicate , and any documents rela ting to the final dispositi on of the deadly conduct char g es used as a basis for adjudicating Applicant g uilty

. The trial court shall make finding s of fac t and conclusions of law as to whether adjudication counsel’s perf ormanc e was defic ient and Applicant wa s prejudice d. The t ri al court may make any other finding s and conclusions that it deems appropr iate in response to Applicant’s c laims. The trial court shall m ak e finding s of fact and conclusions of law withi n ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s3

finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, o bjections, 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: June 8, 2022 Do not publish