## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NOS. WR-81,195-06, WR- 81,195-07, WR-81,195- 08, WR-81,195-09 & WR-81,195-10

EX P ARTE WILL IAM ALBERT SCHATT E, App licant
ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. 23006, 23007, 23008, 23009 & 23010 IN THE 336 DISTRICT COURT

T H F ROM F ANNIN C OUNTY
Per curiam . O R D E R Pursuant to the provisions of Article 11.07 of the Texas Code o f C ri m i n al Procedur e, the cl er k o f t h e t ri al court transmitted to this Court these applications for writs of habea s corpus. E x parte Y oung , 418 S.W .2d 824, 826 (T ex . Crim. App. 1967). Applicant was convicted of four ag g rava ted sexual assaults of a child and sentenc ed to ninety -nine y ear s’ imprisonment in eac h case . He wa s also convicted of indece ncy with a child by contac t and was sentenc ed to twent y y ea rs ’ imprisonment in that case . The Six th Court of Appea ls aff irmed his convictions. Schatte v. State , N o s . 0 6-10-00166, 0 6

- 1 0

- 0 0 1 6 7 , 0 6

- 1 0

- 0 0 1 6 8 , 0 6

- 1 0

- 0 0 1 6 9 & 0 6

- 1 0

- 0 0 1 7 0 ( T e x. A p p . — T e xa

r k a n a May 26, 2011) (not desig nated f or publication).2

A p p li c a nt c o nte n d s that his trial counsel rende red ineffe ctive assistan c e b e c a u s e , a mo n g o th e r things, he did not convey a plea offe r and did not advise Applicant of the full rang e of punishment while advising Applicant that the jury would not sentenc e him to more than six y ear s’ confine ment. Applicant has alleg ed fac ts that, if true, might entitle him to relief
. Strickland v. W

ashington , 466 U.S. 668 (1 9 8 4 ); Hi l l v. L ockhart , 474 U.S. 52, 60 (1985); Ex parte Argent , 393 S.W .3d 781 (Tex. C ri m. App. 2013). 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 t h e ap p ro priate forum for finding s of fac t. The trial court shall order trial counsel to respond to Applicant’s claims of ineffe ctive assistance of counsel. 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 shall determine whether Applicant is indig ent. I f Applicant is indige nt and wish es t o be repr esente d by counsel, 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 make fi n d i n gs 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, wheth er co unsel’s defic ient perf ormanc e prejudice d Applicant. Should the trial court deter mine that counsel did not convey plea offe rs, i t shall make findings addressing harm in acc ordanc e with the factors se t fo rt h i n E x part e Argent
. The trial court shall also make any other finding s of fac t and conclu s i o ns of law that it

1 deems re levant and a

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

beas c orpus re lief. These applications will be held in abeyance until the trial court has resolved the fac t issues.
393 S.W .3d 781 (Tex. Crim. App. 2013). 13

The issues shall be resolved within 90 day s of this orde r. A supplemental transcript c ontaining 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, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court within 120 day s of the date of this order. Any extensions of t ime shall be obtained f

rom this Court.

Filed: Oc tober 22, 2014 Do not publish