## 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-88,154-01

EX P ARTE RAYMOND YOUNG , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 92153-A IN THE 252nd DISTRICT COURT

F ROM JEF F 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 (Tex. Crim. App. 1967). Applicant wa s co n v i cted of murder and sentenc ed to life imprisonment. The Ni n t h C o u rt of Appea ls aff irmed his conviction. Y

oung v. State , No. 09-08-00164- CR (Tex. App.—B eaumont May 14, 2009) (not desig nated for publication). Applicant contends, among other things, that the State improperly suppressed materia l a nd excul p a tory evidenc e, the State prese nted false evidenc e at trial, his trial counsel rende red ineffe ctive assistance , and he is a ctually innocent base d upon newly discovere d or newly

available evidenc e. The trial court rec ommends we dismiss this a pplication for non-complianc e with the require ments2

of T E X . R. A P P . P. 73.1. Howeve r, we disag ree with the trial court’s rec ommendation and find that Applicant has suf

ficiently complied with the re quirements set out in the rule. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Brady v. Maryland , 373 US 83 (1963); Ex parte W einstein , 421 S.W .3d 656 (Tex. Crim. App. 2014); Strickland v. W ashington , 466 U.S. 668 (1984); Ex parte Patterson , 9 9 3 S.W .2d 114, 115 (Tex. Crim. App. 1999); Ex parte Brown , 205 S.W .3d 538, 545 (Tex. Crim. Ap p . 2 0 0 6 ). I n these circ umstances, additional fac ts are ne eded. As we held in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. Ap p . 1 9 6 0 ), the trial court is the appropr iate forum for finding s of fac t. I n order to resolve t h e ineffe ctive assistance issue, the trial court shall order trial counsel to r espond to Applicant’s claim of ineffe ctive 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 case , the trial court may rely on its persona l rec ollection. Id

. I f the trial c ourt elec ts to hold a hearing , it sha ll de termine whether Applicant is indigent. I f Applicant is indige nt and wishes to be repr esente d by counsel, the tri al co u rt 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 cour t shall make finding s of fac t and conclusions of law as to whether the State suppressed exculpatory and materia l evidenc e in this cause . The trial court shall also make finding s of fac t as to whether the State prese nted false evidenc e in this cause . The trial court shall also make finding s of fac t as to whether the perf ormanc e of Applicant’s trial counsel was defic ient and, if so, whether counsel’s defic ient perf ormanc e prejudice d Applicant. The trial cou rt shall also make finding s of fac t as to whether Applicant is actua lly innocent based upon newly discovere d or newly available evidenc e. The trial court shall also make any other finding s of fac t and conclusions of law3

that it deems rele vant and appropr iate to the dispositi on of Applicant’s cl ai m for habea s corpus relief

. This application will be held in abey ance until the trial court has resolved the fac t issues. The issues shall b e re s o l v ed 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 t his Court within 120 day s of the date of this order. A ny extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: Mar ch 28, 2018 Do not publish