## 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-84,415-01

EX P ARTE MARLON A. SCOTT, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. C-1-010657- 0856368-A IN THE CRIMINAL DISTRICT COURT ONE F ROM TARRA NT 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 convicted of ag g ravated sexual assault and sentenc ed to life imprisonment. The Second Court of Appea ls aff irmed his conviction. Scott v. State , No. 02-03-00458- CR (Tex. App. — For t Worth, Marc h 10, 2005) (not desig nated for publication). A p p li c a nt c o ntends, among other things , that his trial counsel rende red ineffe ctive as s is ta n c e 1

This Court has considere d Applicant’s other claims and finds them to be w ithout merit. 12

beca use trial counsel failed to communicate a plea offe r to him prior to trial, and advised him at the time of his arr aig nment to plead not guilty beca use the State did not have medical rec ords to support the charg es. Applicant alleg es that trial counsel did not advise him that he could be convicted based on the testimony

of the c omplainant alone. 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). In 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 trial counsel to respond to Ap p l i ca n t’s claim of ineffe ctive assistance of counsel. S p ec i fi cally , trial counsel shall state what plea offer s wer e made prior to trial, whether she t imely communicated any such offe rs to Applicant, and what her advic e wa s wi t h reg ard to Applicant’s decision to plead guilty or not guilty

. 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). In 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 determine whe ther Applica nt is indi g ent. I f Applicant is indige nt and wishes to be repr esente d b y co un sel, the trial court shall appoint an attorney to repre sent Applicant at the hearing. 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 of law as t o whether the perf ormanc e of Applicant’s t ri al counsel was defic ient and, if so, whether counsel’s defic ient perf ormanc e prejudice d Applicant. The trial court shall also make any other fin dings 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.3

This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolv ed wi t h i n 9 0 day s of this order

. A supplemental transcript containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, alongwith 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 t his order

. Any extensions of ti me shall be obtained f

rom this Court. Filed: F ebrua

ry 3, 2016 Do not publish