## 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-93,230-01

EX P ARTE RAYNOL JIMENEZ, JR ., Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 4766A IN THE 110T H DISTRICT COURT

F ROM F LOYD COUNTY

Per curiam . O R D E R Applicant pleade d g uilty to ag g rava ted assault of a family member in exchang e for a sentenc e of fourtee n y ear s’ imprisonment. He did not appea l his conviction. Applicant filed this application for a writ of habea s corpus in the county of conviction, and t h e district cler k forwa 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 that h i s p l ea was invol untary beca use hi s trial counsel failed t o advise him that he was elig ible for community supervision from a jury

. Applicant alleg es that he had a favor able psy cholog ical eva lu a ti o n a n d r is k a s s e s s ment, and that there wer e numerous witnesses who would have testified favor ably about his char acte r. Although the transcr ipt of the plea proce eding s shows that Applicant was advised of his options for disposing of the char g es, an d t h at h e2

acknow ledg ed his understanding of the conseque nces of the plea, the rec ord does not show whether Applicant wa s specific ally advised a bout the availability

of community

supervision from a

jury

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

. Brady v. United States , 397 U.S. 742 (1970). 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 counsel to re spond to Applicant’s claim. Specifica lly , trial counsel sha ll state whether he advise d Applicant of the availability of community supervision from a jury , and of th e l i k el i h ood of obtaining community supervision from a jury

. Trial counsel shall state what advice , if any , he g ave to Applicant with reg ard to whether he should ple ad g uilty pursuant to the plea ag ree ment, or elec t a jury trial or a be nch trial. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall deter mine whether Applicant is indigen t

. I f Applicant is indige nt and wants to be represe nted by counsel, the trial court shall appoi n t counsel to repre sent him a t the hear ing. See T E X . C O D E C R I M . P R O C . art. 26.04. I f counse l is appointed or reta ined, the trial c ourt shall immediately notify this Court of counsel’s name

. The trial court shall make finding s of fac t and conclusions of law as to whether trial counsel’s perf ormanc e was defic ient and whether but for counsel’s alleg ed err ors, Applicant would not have pleade d g uilty but would have insist ed on g oing to trial on the charg es. The trial court may make any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claim. The trial court shall make findings of fac t and conclusio n s o f l aw within ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things,3

aff idavits, motions, objections, proposed finding s and conclusions, orders , 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: Nove mber 10, 2021 Do not publish