DOZIER, FRANK HERBERT Jr. ( 2018 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NOS. WR-88,139-01 and WR-88,139-02
    EX PARTE FRANK HERBERT DOZIER JR., Applicant
    ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
    CAUSE NOS. 26393 HC-1 AND 26394 HC-1 IN THE 6TH DISTRICT COURT
    FROM LAMAR 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 these applications for writs of habeas corpus. Ex
    parte Young, 
    418 S.W.2d 824
    , 826 (Tex. Crim. App. 1967). Applicant was convicted of possession
    with intent to distribute methamphetamine and possession of marihuana, and he was sentenced to
    terms in prison. The Sixth Court of Appeals affirmed the convictions. Dozier v. State, Nos. 06-16-
    00030-CR and 06-16-00031-CR (Tex. App.—Texarkana del. Feb. 24, 2017).
    Applicant raises several claims in his habeas applications, including claims of ineffective
    assistance of trial and appellate counsel. He has alleged facts that, if true, might entitle him to relief.
    Strickland v. Washington, 
    466 U.S. 668
    (1984); Ex parte Patterson, 
    993 S.W.2d 114
    , 115 (Tex.
    -2-
    Crim. App. 1999). There is no response from trial or appellate counsel in the record provided to this
    Court, and there are no findings from the trial court. 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 and appellate counsel to respond to Applicant’s claims of
    ineffective assistance by explaining counsels’ representation of Applicant, including applicable
    strategy and tactical decisions. To obtain the responses, 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 regarding the claims raised
    in the habeas applications. The trial court may also make any other findings of fact and conclusions
    of law it deems relevant and appropriate to the disposition of Applicant’s claims for habeas corpus
    relief.
    The applications 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 shall be
    obtained from this Court.
    Filed: March 28, 2018
    Do not publish
    

Document Info

Docket Number: WR-88,139-02

Filed Date: 3/28/2018

Precedential Status: Precedential

Modified Date: 3/28/2018