## 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-82,787-01

EX P ARTE KENNETH RAY JONES, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 23235CC IN THE COUNTY COURT AT LAW

F ROM K

AUF MAN C OUNTY

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 ). Applicant was convicted of driving while intox icated a

nd sentenc ed to thirty

y ear s’ imprisonment. He did not appea l his conviction. Applicant contends that his trial counsel rende red ineffe ctive assistance by not telling Applicant that his sentenc e could be ordered to be served consecutively to an ea rlier se ntence and by not objecting to the order that the sentenc e run c onsecutively

. 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). I n these2

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 Applicant’s claim of i neff ective assistance o f co u n s el. 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)

. I f t he trial court elects t o hold a hearing , it shall deter mine whether Applicant i s indige nt. I f Applicant is indige nt and wishes to be repr es en t ed 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 finding s of fac t and conclusion s o f l aw as to whether the perf ormanc e of App l i ca n t’s trial counsel was defic ient and, if so, whether counsel’s defic ient perf ormanc e pre

judiced Applica

nt. The trial cour

t shall also make f

indings a s to whether the trial judge orally pronounce d this sentenc e to run consec utively to sentenc es from Denton County

. The trial court shall also make any other findings of f act a nd conclusions of law that it deems relevant and appr opriate to the disposition of Applicant’s c laim for habe as cor pus relief

. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be re s o l v ed wi t h in 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 hear ing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwa rded to this Court within 120 day s of the date of this order

. The supplemental rec ord shall al s o contain a copy of the ag ree d plea rec ommendation and admonishments and the trial cou rt ’s docket she ets. Any

extensions of ti me shall be obtaine d from this Court. Filed: Mar ch 4, 2015 Do not publish