## 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-86,977-01

EX P ARTE DONNY RAY EDWARDS, Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. CR14-00061A IN THE 294T H DISTRICT COURT

F ROM VAN ZA NDT 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 pleade d g uilty to bu rgl ary of a habitation, and wa s sentence d to ten y ear s’ imprisonment. He did not appea l his conviction. Applicant contends that his trial counsel rende red ineffe ctive assistance beca use tr ial counsel g ave him incorre ct advice reg arding parole rele ase, rende ring his plea involuntary

. Applicant alleg es that trial counsel err oneously advised him that if he pleade d g uilty pursuant to the plea ag ree ment, he would be r elea sed on par ole within eig ht months of his arrival at TDCJ. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington ,2

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 t ri al co unsel to respond to Applicant’s claim of ineffe ctive assistance of counsel. Specifica lly , trial counsel shall state what advice , if any , he g ave to Applicant re gar d i ng when he would be eligible for or release d to parole or m an d atory supervision. 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 f t he trial court elects t o h o l d a hearing , it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the t ri al 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 co u rt shall make finding s of fac t and conclusions of law as to whether the perf ormanc e of Applicant’s trial counsel was defic ient and, if so, wh et h er counsel’s defic ient perf ormanc e prejudiced Applicant. The trial court shall make findings of fact an d co nclusions of law as to whether Applicant’s plea of g uilty was knowing ly and voluntarily enter ed. The trial court shall also make any other findings o f fac t and conclusions of law that it deems rele vant and appropr iate to the disposition of Applicant’s cla im 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 of this order. A s u p p l em ental 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 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.3

Filed: Jul y

26, 2017 Do not publish