## 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-92,077-01

EX P ARTE BRANDON MICK ELL E HOWARD, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 071883-01-A- WR IN THE 47TH DISTRICT COURT

F ROM P OTTE R COUNTY

Per curiam . O R D E R Applicant was convicted o f fraudulent use or possession of identify ing information and sentenc ed to six ty -five y ear s’ imprisonment. T h e Se v e n th Co u r t of Appea ls aff

irmed her conviction. Howard v. State , No. 07-17-00178- CR (Tex. App. — Amarillo Marc h 20, 2018) (not desig nated for publication). Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district cle rk for

war ded it to this C ourt. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends, among other things, that trial counsel was ineffe ctive beca us e t rial 1 counsel failed to que stion ve nire members who stated that they had been victims of crimes simil ar

This Court has considere d Applicant’s other claims and finds them to be w ithout merit. 12

to that for which Applicant was on trial to find out whether those venire members would be subject to challeng e for cause . Applicant alleg es that trial counsel failed to challeng e those venire members for cause or exercise pere mptory strikes ag ainst those venire members. Applicant alleg es that two of those venir e member s ended up on the jury , including one who bec ame the f orema n. Applicant has alleg ed fac ts that, if true, might entitle her to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984). Acc ording ly , the rec ord should be develope d. The trial court is the appropr iate forum for finding s of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). The trial court shall order trial counsel to respond to Applicant’s claims. I n developing the rec ord, the trial court may use an y means set out in Article 11.07, § 3(d). I f t he trial court elects t o hold a hea ring , it shall determine whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint counsel to repr esent her at the hear ing. See T E X . C O D E C R I M . P R O C . art. 26.04. I f counsel is appointed or reta ined, the t ri al co u rt s hall immediately notify this Court of counsel’s na

me. The trial court shall make finding s of fac t and conclusions of law as to whether trial counsel’s p er fo rm ance was defic ient and Applicant was prejudice d. The trial court may make any o t h er finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. The trial court shall make findings of fac t and conclusions of l aw wi t h i n ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, objections, proposed fin d ings and conclusions, order s, and transcr ipts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court.3

Filed: January

13, 2021 Do not publish