## 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-83,775-03

EX P ARTE WILL IAM SOLOMON LEWI S, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 1219699-A IN THE 338 DISTRICT COURT T H F ROM HARRIS COUNTY

Per curiam . A L C A L A , J., fi led a concurring opin ion in wh ich J O H N S O N , J., joined. Y E A R Y , J., fi led a concurring opin ion in wh ich K E A S L E R and H E R V E Y , JJ., joined. O R D E R Pursuant to the provisions of Article 11.07 of the Texa s C o d e o f 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 wa s convicted of reta liation a nd sentenc ed to three y ear s’ imprisonment. The Four teenth Court of Appea ls aff irmed his conviction. Lewis v. State , No. 14-10-00222- CR (Tex. App.—Houston [14 Dist.] Ju n . 2 8 , 2 0 1 1 ) ( n o t d e s ignated t h for publication). Applicant contends, among other things, that his trial counsel rende red ineffe ctive assistance beca use he did not discover and prese nt evidenc e that Applicant’s threats, made afte r he was tasere d,2

embra ced only leg al activit ies, such as pursuing lawsuits, internal investiga tions, and media attention. He also argues that counsel should hav e d is c o v ere d information about the complainant that could have been use d to impeach his testimony

. 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 n the appropr iate ca se, the trial c ourt may rely on its personal re collection. Id

. I f the trial cour

t elects to hold a he aring , it shall determine whe ther Applica nt is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall appo i n t 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. The trial court shall make finding s of fac t an d co n clus ions of law as to whether the perf ormanc e of Applicant ’s t ri al counsel was defic ient and, if so, whether counsel’s defic ient perf ormanc e prejudice d Applicant. The trial court s h al l make additional finding s addre ssing Applicant’s claim that this conviction restra ins him beca use it has been used to enhanc e his curr ent fede ral sentenc e. T E X . C O D E C R I M . P R O C . art. 11.07 § 3(c)

. The trial court shall also make any other finding s of fac t a

nd conclusions of law that it deems releva nt and appr opriate to the disposition of Applicant’s c laim for habe as cor pus relief

. This application will be held in abey ance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s o f t h i s o rder

. A supplemental transcr ipt containing all3

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 time shall be obtained f

rom this Court.

Filed: June 29, 2016 Do not publish