## 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 NOS. WR-85,834-01 & - 02 & -03 & -04

EX P ARTE DARRIAN DE’ANTHONY DAV IS-SANDERS, App licant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. CR-12-24273-A& CR- 12-24274-A & CR-12- 24275-A & C R-12-24276- A

IN THE 336T H DISTRICT COURT FROM F ANNIN C OUNTY

Per curiam . A L C A L A , J., C O N C U R S . O R D E R Pursuant to the provisions of Article 11.07 of the Texas Code of C ri m i n al Procedur e, the cler k of the trial court transmitted to this Court thes e ap p l i ca t i o n s for writs of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three counts of delivery of less than one gra m o f co ca i n e within a school zone and sentenc ed to ten year s’ imprisonment in eac h count. Applicant was also convicted of possession with intent to deliver four

or m o re g rams, but less than 200 g rams, of coca ine within a school zone and sentenc ed to six ty y ear s’ imprisonment. The Six th Court of Appea ls aff irmed his convictions. Davis-Sande rs v. State , Nos. 06-14-00186- CR & 06-14-00187- CR & 06-14-00188- CR & 06-14-00189- CR (Tex. App.—Texarkana

Aug . 4, 2015)(not designated f or publication).2

Applicant contends, among other things, that his trial counsel rende red ineffe ctive assistance beca use counse l failed to file a motion to s uppress the illeg ally obtained evide nce. 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). 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 the appropr iate forum for finding s of fac t. The trial court shal l o rd er trial counsel to respond to Applicant’s claim of i neff ective 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)

. I f the trial cour

t elects to hold a he aring , it shall determine whe ther Applica nt is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court s h al l appoint an attorney to repre sent Applicant at the hearing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shal l m ak e finding s 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, whether coun s el ’s defic ient perf ormanc e prejudice d Applicant. 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. These applications will be held in abeyance until the trial court has resolved the fac t issues. 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, alongwith the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to this Court within 120 day s of the date of this order. Any extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court. Filed: Nove mber 2, 2016 Do not publish