## 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-38,681-05

EX P ARTE JEFF REY LYNN WARD , Appli cant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 11965-C IN THE 2ND DISTRICT COURT

F ROM CHEROK

EE 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. 1 9 6 7 ). Ap p licant was convicted of two counts of ag g rava ted sexual assault of a child and one count of possession of child pornography and sentenc ed to ninety -nine y ear s’ imprisonment for eac h of the ag g ravated sexual assault counts, and ten y ear s’ imprisonment for the possession of child pornography count. The Twelfth Court of Appea ls aff irmed his conviction. W

ard v. State , 910 S.W . 2d 1 (Tex. App. — Tyler, Mar ch 31, 1995).2

Applicant contends, among other things, that he is actua lly innocent, and that he has newly

1 available evidenc e in the form of a rec antation aff idavit b y o n e o f t h e two complainants. The aff idavit, which was signe d in 1993, appea rs to have been submitt ed in connec tion wit h a h ab eas application that was filed in the district court in 1993, but never forwa rded to this Court. Applicant alleg es (and the appellate opi ni o n m en t i o n s) t hat an evidentiar y hear ing was held at which one or both of the complainants in this case disavowed their trial testimony

. This Court’s rec ords sug g est that the evidentiar

y hear ing w as held on J uly 8, 1993, but this C ourt neve r re ceive d a tra nscript of that hear ing. Furthe rmore, the habea s rec ord i n this case doe s not contain any of the re levant trial documents, an answe r from the State, or finding s of fac t and conclusions of law from the trial court. Applicant has alleg ed fac ts that, if true, might entitle to reli ef

. In these circ umstances, additional fac ts are neede d. As we he ld 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 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 personal re collection. Id

. I f the trial c ourt elec ts to hold a hear ing, 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 u n sel, the trial court shall appoint an attorney to repre sent Applicant 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 first supplement the habea s rec ord with copies of the cler k’s rec ord and the reporter’ s rec ord from this case. In addition, the trial court sha ll supplement the rec ord with a transcr ipt of the 1993 evidentiar y hear ing. The trial court shall make finding s of fac t and conclusions

o f l aw as to whether there exis ts newly -discover ed or newly -ava ilable evidenc e that Appli ca n t i s
This Court has review ed Applica nt’s other c laims and finds them to be without merit. 13

actua lly inno ce nt of these offe nses. The trial court shall also make any other finding s 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. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of this order

. A s up p l em en t al 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 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 the date of t his order

. Any extensions of t ime shall be obtained f

rom this Court.
Filed: September

23, 2015 Do not publish