Underwood, Sabre Kay ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,249-01
EX PARTE SABRE KAY UNDERWOOD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W10386-1 IN THE 355TH DISTRICT COURT
FROM HOOD COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to aggravated robbery and was sentenced to ten years’ deferred
adjudication. Applicant later pled true to the State’s motion to adjudicate and was sentenced to ten
years’ imprisonment. Applicant did not file a direct appeal. Applicant filed this application for a
writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court.
See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends that her trial counsel was ineffective for advising her to plead true to the
State’s motion to adjudicate with only four months remaining on her ten-year deferred adjudication
sentence and that counsel violated client confidentiality by revealing discussions with his client
during plea proceedings and engaged the trial court in the plea negotiations. Applicant has alleged
2
facts that, if true, might entitle her to relief. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Morrow,
952 S.W.2d 530 (Tex. Crim. App. 1997).
Accordingly, the record should be developed. The trial court is the appropriate forum for
findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall order trial counsel
to respond to Applicant’s claim. In developing the record, the trial court may use any means set out
in Article 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 wants to be represented by counsel, the trial court
shall appoint counsel to represent her at the hearing. See TEX . CODE CRIM . PROC. art. 26.04. If
counsel is appointed or retained, the trial court shall immediately notify this Court of counsel’s
name.
The trial court shall make findings of fact and conclusions of law as to whether trial counsel’s
performance was deficient and Applicant would have insisted on a trial but for counsel’s alleged
deficient performance. The trial court may make any other findings and conclusions that it deems
appropriate in response to Applicant’s claims.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP. P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: January 12, 2022
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