## 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-70,944-03

EX P ARTE JOE L OUIS ROBE RTS, App licant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 31669 IN THE 3RD DIST RICT COURT

F ROM AND ERSON COUNTY
Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas 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 (Te x . Crim. App. 1967). Applicant pleaded guilty to evading arr est or dete ntion and was sente nced to ten y ear s’ imprisonment. He did not appea l his conviction. Applicant contends, among other things, that he was denied the eff ective assistance of 1 counsel, rendering his g uilty plea involuntary , beca use his orig inally appointed counsel did not communicate or consult with him prior to trial. When appointed counsel did not appea r for a court

This Court has review ed Applica nt’s other c laims and finds them to be without merit. 12

setting, the trial court appa re n t l y appoint ed a new attorney , but Applicant enter ed his plea on the
same day

. Applicant alleg es that he wanted to plead “not g uilty ,” but that beca use his new attorney was unpre pare d to take the c ase to trial, Applica nt felt that he ha d no choice but to plead guilty

. 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). I n 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 claim of i neff ec t i v e 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 h old a hearing , it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d b y counsel, the trial court shall appoint an attorney to repre sent Applicant a t the hear ing. 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 as to whether Applicant had indicated an intention to plead g uilty or not g uilty befor e the date when the trial court repla ce d his orig inal appointed counsel with a new attorney
. The trial court shall make finding s as to whe t h er Ap p l i ca nt was advised o f h i s ri gh t to ten day s’ prepara tion time when the new attorney was appointed, and as to whether the new attorney had adequate time to consult with Applicant befor e he enter ed his plea of g uilty

. The trial court shall make finding s of fac t and conclusions of law as to whether Applicant’s g uilty plea was knowing ly and voluntarily enter ed. The trial court shall also make any other finding s of fac t and conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s claims for ha

beas c orpus re lief. This application will be held in abey ance until the trial court has resolved the fac t issues. The3

issues shall be resolved within 90 day s of this order

. A supplemental tr an s cr i p t co n taining all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court within 120 day s of the date of this order. Any extensions of t ime shall be obtained f

rom this Court.
Filed: May

20, 2015 Do not publish