## 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-91,402-01, 91,402-02, 91,402- 03, 91,402-04 & 91,402- 05

EX P ARTE THO MAS CLYDE BRYANT, Applicant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. 19CR21232A, 18CR20511A, 19C R21229A, 19CR21231A & 19CR21230A IN THE 123RD DIST RICT COURT F ROM SHELB Y COUNTY

Per curiam . O R D E R Applicant pleade d g u i l t y t o two char g es of online solicitation of a minor, two char g es of criminal attempt of sexual perf ormanc e of a child, and one char g e of sexual perf ormanc e of a child and was sentenc ed to fiftee n y ear s’ i m p ri s o n m en t on eac h char g e. Applicant did not file direc t appea ls in these cases. Applicant filed the se applica tions for writs of habeas corpus in the county of conviction, and the district cler k forwa rded them to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends that his pleas wer e involuntary beca use trial counsel err oneously advised Applicant that he was not elig ible for any ty pe of probation when there is no indication that he would2

not be elig ible for de fer

red a djudication probation. Applica nt has alleg ed fa cts that, if true, mi g ht entitle him to relief

. Hill v. Lockhart , 474 U.S. 52 (1985); Ex parte Argent , 393 S.W .3d 781 (Tex. Crim. App. 2013). 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 claim. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court

s h al l appoint counsel to repr esent him 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 trial court shall immediately notify this Court of counsel’s

name. The t ri al court shall make findings of fac t and conclusions of l aw as to whether Applicant

was elig ible for any ty

pe of probation, including def err ed adjudication probation. The trial court shall make finding s of fac t and conclusions of law as to whether trial counsel’s perf ormanc e was defic ient and Applica

nt would have insisted on a trial but for c ounsel’s alleg ed def icient per formanc e. The trial court may m ak e any other finding s and conclusions that it deems appropr iate in response to Applicant’s c laims. 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: September

16, 2020 Do not publish