Myles, Michael Lee ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-67,749-03
EX PARTE MICHAEL LEE MYLES , Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 10998-B IN THE 344TH DISTRICT COURT
FROM CHAMBERS COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession with
intent to deliver more than 400 grams of cocaine and sentenced to forty years’ imprisonment. The
First Court of Appeals affirmed his conviction. Myles v. State, No. 01-07-00955-CR (Tex.
App.—Houston [1st Dist.] Feb. 18, 2010)(not designated for publication).
Applicant contends that his plea was “false” because he never entered a guilty plea, did not
appear with court appointed counsel to enter a plea, and did not agree for the jury trial to be stopped.
Applicant alleges that all of the plea paperwork contains forged signatures and fingerprints.
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Applicant also alleges that trial and appellate counsel rendered ineffective assistance of counsel.
Specifically, Applicant alleges that trial counsel was deficient for failing to file a pre-trial motion
to suppress the evidence seized in the trunk of Applicant’s vehicle. Applicant also contends that
appellate counsel rendered ineffective assistance due to a conflict of interest. Applicant has alleged
facts that, if true, might entitle him to relief. In these circumstances, additional facts are needed. As
we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the
appropriate forum for findings of fact. The trial court shall order trial counsel to respond to
Applicant’s claims of ineffective assistance of counsel and false plea. The trial court shall also order
appellate counsel to respond to Applicant’s claim of conflict of interest. The trial court may use any
means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent.
If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an
attorney to represent Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law in regard to Applicant’s
claim that his plea was false. The trial court shall make findings as to whether the performance of
Applicant’s trial attorney was deficient and, if so, whether counsel’s deficient performance
prejudiced Applicant. The trial court shall also make findings of fact and conclusions of law as to
whether the performance of Applicant’s appellate counsel was deficient and, if so, whether counsel’s
deficient performance prejudiced Applicant. The trial court shall also make findings as to whether
the State is prejudiced by Applicant’s delay in presenting these claims under the doctrine of laches.
The trial court shall also make any other findings of fact and conclusions of law that it deems
relevant and appropriate to the disposition of Applicant’s claim for habeas corpus relief.
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This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time must
be requested by the trial court and shall be obtained from this Court.
Filed: February 1, 2017
Do not publish