## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NOS. WR-82,318-01 AND WR-82,318-02

EX P ARTE BRANDON LEE ALL EN, Appl icant
ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. C34887-CR AND C34888-CR IN THE COUNTY COURT AT LAW FROMNAVARRO COUNTY
Per curiam . O R D E R Pursuant to the provisions of Ar t i cl e 1 1
. 07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court these applications for writs of h ab ea s co rp u s . Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant pleade d g uilty to one char g e of ag g ravated assault of a public serva nt and one ch ar ge o f re t al iation, and was sentenc ed to six y ear s’ imprisonment for ea ch cha rg e, to run c oncurr ently . He did not appe al his convictions. Applicant contends that his plea ag ree ment was brea ched, and that his mental health issues
wer e not considere d or addre ssed. Applicant has alleg ed fac ts that, if true, might entitle him to relief
. In these circ umstances, additional fac ts are neede d. As we held in Ex parte Rodriguez , 334 S.W .2d2

294, 294 (Tex. Crim. App. 1960), the trial c ourt is the appropr iate for um for finding s of fa ct. The trial court shall order trial counsel to respond to Applicant’s claims. Specifica lly , trial counsel shall state whether Applicant was ever advised that the g ranting of sho ck p ro b at ion in these case s (as opposed to the opportunity to reque st shock probation) was part of the plea ag ree ment in these case s. Trial counsel shall also state whether he was awa re that Applicant was suffe ring from mental health issues at the time he committed the se offe nses, and if so whether counsel reque sted that Applicant be evaluated for sanity at the time of the offe nses or competenc y to stand trial. 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 court e lects to hold a hea ring , it shall determine whe ther Applica nt is indi g ent. I f Applicant is indige nt and wishes to be repr esente d b y 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 finding s of fac t and conclusions of law in reg ard to Applicant’s claims that his ple a agree ment was brea ched and that his me ntal health issues wer e not c onsidered
or addre ssed prior to the plea. 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 i s s u es s h al l be resolved 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 this Court withi n 120 day s of t he date of t his order
. Any extensions of time shall3

be obtained f

rom this Court.

Filed: Nove mber 19, 2014 Do not publish