## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NOS. WR-48,100-03 & WR-48,100- 04

EX P ARTE REGINALD WAYNE G OUDEAU, Applicant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. 1022577-A & 1030103-A IN THE 262 DISTRICT COURT N D F ROM HARRIS COUNTY

Per curiam . O R D E R Pursuant to the provisions of Arti cl e 1 1

. 0 7 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court these applications for writs of hab ea s co rp u s . E x parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967 ). Applicant was convicted of driving while intox icated and possession of coca ine and sentenc ed to te n and fiftee n y ear s’ imprisonment, respe ctively

. The Four

teenth Court of Appea ls aff irmed his convictions. Goudeau v. State , Nos. 14- 05-00946-CR, 14-05-00947- CR (Tex. App.—Houston [14 Dist.] Nov. 9, 2006) (not desig nated for t h publication). Applicant contends, among other things, that h is trial c o u n s e l rende red ineffe ctive assistance ,2

and that counsel’s alleg ed ineffe ctiveness rende red his guilty pleas invo l u n t ary . In response to Applicant’s claims of ineffe ctive assistance , the trial court signe d detailed order s desig nating issues, order ing a response from counsel. The order s wer e signe d in J uly 2007. In Dec ember 2014, the trial court signe d finding s of fac t and con cl u sions of law rec ommending that the writ applications be dismiss ed afte r finding that Applicant is on parole and concluding he is no longe r confine d on these char g es. Howeve r, an applicant who has been rele ased on parole afte r serving a part of his sentenc e

rema ins “in custody” for purposes of habea s corpus applications. Ex parte Elliott , 746 S.W .2d 762, 763 n.1 (Tex. Crim. App. 1988); T E X . C O D E C R I M . P R O C . art. 11.22. 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 appropriate forum for finding s of fac t. The trial court shall order

trial counsel to respond to Applicant’s claims of 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 the trial c ourt elec ts to hold a hearing, it sha ll determine whe ther Applica nt is indi g ent. I f Applicant is indige nt and wishes to be repr esente d b y co un sel, 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. The trial court shall make finding s of fac t and conclusions of law resolving the issues set out in its order s desig nating issues as to whether the perf ormance o f Ap p l i ca nt’s trial counsel was defic ient and, if so, whether counsel’s defic ient perf ormanc e prejudice d Applicant. The trial court shall also make any other finding s of fac t and conclusions of law that i t deems rele vant and appropr iate to the disposition of Applicant’s cla ims for habe as cor pus relief

.3

These applications will be held in abeyance until the trial court has resolved the fac t issues. Given the alre ady leng thy delay in these case s, the issues shall b e re s o l v ed within 30 day s of this order

. Supplemental transcr ipts c ontaining all aff idavits and interrog atories or the transcription of the court repor

ter’s notes from any hearing or deposition, along with the trial court’s supplemental finding s of fac t a

nd conclusions of law, shall be forwa rded to this Court within 60 day s of the date of this order. Any

extensions of ti me shall be obtaine d from this Court.

Filed: Marc h 18, 2015 Do not publish