## 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-92,277-01

EX P ARTE MAXWELL LYNN JORDAN, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 2015CR1752-W1 IN THE 187TH DIS TRICT COURT

F ROM BEXAR COUNTY

Per curiam . H E R V E Y , J., not participating. O R D E R A p p li c a n t o r ig in a lly pleade d g uilty to ag g rava ted assaulted with a deadly wea pon in e xc h a

n g e for defe rr ed ad

j u dication community supervision. His g uilt was later adjudicate d and he was sentenc ed to 14 y ear s’ imprisonment. The Four th Court of Appea ls aff

irmed his conviction. Jordan

v. S t a t e, No. 04-18-00404- CR (Tex. App. – San Antonio April 10, 2019). Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to thi s Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends, among other things, that his c ounsel rende red ineffe ctive assistance at adjudication. Specifica lly , Applicant all ege s that adjudication counsel failed to investiga te Applicant’s persona l history

. Applicant aver s that, if counsel had investiga ted, he would have2

discovered evidenc e of childhood trauma, abuse, and ong oing mental health issues. The rec ords Applicant has attache d to his applicatio n identify PTSD, anxiety , bipolar disorder, depre ssion, suicidal ideation, and ang er manag ement issues. Applicant asser ts that such information would have mitigated the neg ative evide nce pr esente d by the State and r esulted in a less seve re se ntence

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

. Ex part e Hu er t a , 692 S.W .2d 681 (Tex. Crim. App. 1985). Acc ording ly , the rec ord should be develope d. The trial court is the appropr iate forum for findings of fact. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d) . The trial

co u rt shall order adjudication counsel to respond to Applicant’s claim of i neff ective assistance o f counsel for failing to investiga te. I n developing the rec ord, the trial court may use any means set out in Article 1 1 .07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint counsel to repr esent him at the hea ri n g. S ee T E X . C O D E C R I M . P R O C . art. 26.04. I f counsel is appointed or reta ined, the trial court 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 counsel adequately investiga ted Applicant’s backg round and whether prese nting evidenc e of Applicant’s persona l history and mental health issues would have aff ecte d the result. 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 supplement the habea s rec ord with a transcri p t o f t h e orig inal plea proce eding

. The court shall make finding s of fac t and conclusions of law as to whe t h er the perf ormanc e of Applicant’s adjudication counsel was defic ient and, if so , w h e th e r c o u n s e l’ s d e f ic ie n t perf ormanc e prejudice d Applicant. The trial court shall also make any other finding s of fac t and3

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. The t ri al court shall make findings of fac t and conclusions of 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, aff id avit s, motions, objections, proposed finding s and conclusions, order s, 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: Apr il 14, 2021 Do not publish