## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NOS. WR-82,039-01 AND WR-82,039-02

EX P ARTE TREY BARTON S COTT, App licant
ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. 2022 AND 2023 IN THE 42ND DISTRICT COURT

F ROM COLEMAN COUN TY
Per curiam . O R D E R Pursuant to the provisions of Ar t i cl e 1 1
. 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 (Tex. Crim. App. 1967). Applicant plea ded guilty to two c harg es of intox ication manslaughter in e x chang e for concur rent four teen- y ear sentenc es. He did not appea l his convictions. Applicant contends, among other things, that h i s trial counsel rende red ineffe ctive 1 assistance beca

use counsel faile d t o ad equate ly investigate or obtain discovery befor e advising

This Court has considere d Applicant’s other claims and finds them to be w ithout merit. 12

Applicant t o plead g uilty
. Applicant alleg es that counsel did not obtain ruling s on discovery motions, and did not obtain the maintenanc e and opera tional rec ords of the Br eatha ly zer device used in this case . Applicant also alleg es that counsel did not deter m ine whether the person who took Applicant’s blood was qualified to do so or proper ly maintained a chain of custody for the evidenc e. 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 claims of ineffe ctive assistance of counsel. Trial counsel shall detail the steps taken in investigating, and in obtaining and revie wing discovery in this
case . Trial counse l shall also state what a dvice Applica nt was g iven with respe ct to his options to plead guilty

or g o to trial on the cha

rg es. The tr ial 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 el ec t s to hold a hearing , it shall deter mine whether Applicant is indige nt. I f Applicant is i n d i gent and wishes to be repr esente d by counsel, the trial court shall appoint an attorney to repre sent Applicant at the hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. T h e t rial court shall make finding s of fac t and conclusions of law as to whether t h e perf ormanc e of Applicant’s trial counsel was defic ient and, if so, whether co u n sel’s defic ient p er fo rmanc e prejudice d Applicant. The trial court shall make finding s as to whether Applicant’s pleas of g uilty were knowing ly and voluntarily enter ed. The trial court shall also make any other finding s of fa ct and c onclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s c laims for habe as cor pus relief
.3

These applications 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 orde r. A supplemental transcr ipt c ontaining 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 for war ded to this Court withi n 120 day s of t he date of t his order
. Any extensions of ti me shall be obtained f

rom this Court.
Filed: September

24, 2014 Do not publish