## 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-86,015-01

EX P ARTE ROYCE JAMAR CUS D. WARREN, A ppl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 33,637-A-H-1 IN THE 188 DISTRICT COURT T H F ROM G REGG

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). Pursuant to a plea barg ain, Applicant was convicted of murder and sentenc ed to forty y ear s’ imprisonment. He did not appea l his conviction. Applicant contends, among other things, that the State committed misconduct, his plea was involuntary , and he is actua lly innocent. Sp ec i fi ca l ly , Applicant has included aff idavits from Gre g ory Wheeler and Br

y son Carey , rec anting their acc usations in this case and alleg ing the State’s prosec utor coer ced and intimi dated false statements from them reg arding Applicant’s involvement. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Ex parte Castellano, 863 S.W .2d2

476 ( Tex. Crim. App. 1993) ; Ex parte Elizondo , 947 S.W .2d 202 (Tex. Crim. App. 1996); Ex parte Tuley , 109 S.W .3d 388 (Tex. Crim. App. 2002). We believe that in case s such as this one, in which

an alleg ation is made that the State conspired with witnesses to fabr icate evidenc e, befor e we make the important decision of whether Applicant is entitled to relief , the rec ord should be more fully develope d. The trial court shall there fore conduct a live evidentiar y hear ing on the matter at which Gre g ory Wheeler and Br y son Carey shall be called to testify

. Notice of the hear ing an d an opportunity to testify shall be g iven to those persons who participated in the trial or the investiga tion. I t appea rs that Applicant is not repr esente d by habea s counsel. The trial court, within 30 day s of the date of this order , shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall appoint an attorney to repr esent Applicant at the evide ntiary

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 as to Gre g ory Wheeler and Br y son Carey ’s rec antations and acc usations of State misconduct. The trial court shall make finding s of fac t and conclusions of law as to whether Wheeler and Carey actua lly wrote and signe d the aff idavits attache d to Applicant’s writ application. I f so, the trial court shall make finding s as to the cre dibilit y of the statements made in the aff idavits; specific ally , whether or not Wheeler and Carey wer e threatened and coer ced by the District Attorney and whether they wer e told by the State what to put in the ir statements. The trial court shall make finding s of fac t and conclusions of law in reg ard to Applicant’s claim that his plea

was involuntary

. The trial court shall specific ally weig h the evidenc e of Applicant’s guilt aga inst any new evidenc e of innocenc e. See Ex parte Tuley , 109 S.W .3d 388, 393 (Tex. Crim. App. 2002). The trial court shall enter findi n gs o f fa ct as to the cre dibilit y of eac h witness and as to whether Applicant is entitled to relief

. The t ri al co urt 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. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall b e re s o l v ed within 90 day s of this order

. A supplemental 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, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to t his Court within 120 day s of t he date of this order. Any extensions of ti me shall be obtained f

rom this Court. Filed: De cembe r 14, 2016 Do not publish