## 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-87,602-01

EX P ARTE F IROZ NOOR SAMN ANI, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. W-12-72163(A ) IN THE CRIMINAL DISTRICT COURT NO. 5 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 (Tex. Crim. App. 1967). Applicant was sentenc ed pursuant to Section 12.44(a) of the Te x as Penal Code to ninety day s in county

jail. He did not appea l his conviction. Applicant conte nds that his ple a was involuntary beca use counse l failed to advise him that he had a proper defe nse. The trial court has enter ed finding s of fac t and conclusions of law finding counsel ineffe ctive for failing to advise Applicant of the immigration conseque nces of his plea, and

rec ommending that relief be gra nted. However, the se finding s are not supported by the pl eading s

or the rec ord. There is no aff idavit f rom trial counse l and no indication in the re cord that counsel2

did not advise Applicant of the immigration conseque nces of his plea. Fur ther, the plea paper s also include an a dmonishment that if the defe ndant was not a citizen, he could be de ported. There fore , it is t his Court’s opinion that additional fac ts need to be de veloped. As w e held i n E x p a r te Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is t h e appropr iate forum for finding s of fac t. The trial court s h al l o rd er trial counsel to respond to the finding that counsel fa i l ed t o advise Applicant of t he deportation conseque nces of his g uilty plea. The trial c ourt 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)

. Applicant appea

rs to be repr esente d by counsel. I f he is not and the trial court elec ts to hold a hearing , it shall determine whe ther Applica nt is indi g ent. I f Appli cant is indige nt and wishes to be repr esente d by counsel, the trial court shall appoint an attorney to r epre sent him 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 supplemental finding s of fa ct and c onclusions of l aw in reg ard to A pplicant’s claim that his plea was involuntary

. Specifica lly , the trial judge shall make finding s of fac t as to whether counsel failed to advise Applicant of the deportation conseque nces of his g uilty plea. The trial court shall also make finding s of fac ts and conclusions of law as to whether the trial court admonished Applicant as to the deportation conseque nces of his plea and, if not, whether Applicant would have plead ed guilty , but for the failure to admonish him as to the deportation conseque nces. The trial court shall also make any other finding s of fac t and conclusions of law that it deems rele vant and a

ppropriate to the dispositi on of Applica nt’s claim for ha

beas c orpus 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 shall be resolved within 90 day s of this order

. A supplemental transcr ipt containi n g al l aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing or3

deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court wit hin 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: Nove mber 15, 2017 Do not publish