## 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-89,765-01

EX P ARTE P IERRE MCDAN IEL, Ap plicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. W14-70734-X( A) IN THE CRIMINAL DISTRICT COURT NO. 6 F ROM DALLAS 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 . C ri m . App. 1967). Applicant was convicted of compelling prostitution and sentenc ed to twenty y ear s’ imprisonment. The Fifth Court of Appea ls aff irmed his

co n viction. McD aniel v. State , No. 05-16-00391- CR (Tex. App.—Dallas Aug

. 9, 2017)(not desig nated f

or publication). Applicant contends that his trial counsel rende red i neff ective assistance by failing to investigate the case , witnesses, and evidenc e, failing to object or move for suppression of evidenc e, failing to challeng e an acc omplice witness jury ch arg e, and failing to object to improper expert2

testimony

. He also alleg es that appe llate counse l was ineff ective f or fa iling to raise cer

tain issues on appea l. 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

both tr ial counsel and appellate counsel to r espond to A pplicant’s claims of inef

fec tive assistance of counsel. The tr i al 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 court e lects to hold a hea ring , it shall determine whe ther Applica nt is indi g ent. 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 and conclusions o f l aw as to whether the perf ormanc e of Applicant’s trial counsel was defic ient and, if so, whe t h er 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 it deems rele vant and appropr iate to the dispositi on of Applicant’s claim for habea s corpus re lief. This application will be held in abey ance until the trial court has resolved the fac t issues. The i s s u es s h al l be resolved within 90 day s of this order

. A supplemental transcr ipt containing 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 this order. A ny extensions of ti me must3

be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: May

1, 2019 Do not publish