Prudhomme, Spencer Iii ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-87,516-02
EX PARTE SPENCER PRUDHOMME, III, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR30358-B IN THE 253RD DISTRICT COURT
FROM LIBERTY 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 pleaded guilty to a single count of
organized retail theft, and was sentenced to seven years’ imprisonment. He did not appeal is
conviction.
Applicant contends, among other things,1 that is trial counsel rendered ineffective assistance
because trial counsel failed to appear for various court settings, causing Applicant to lose the
1
This Court has considered Applicant’s other claims and finds them to be without merit.
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opportunity to accept a ten-month state jail plea offer. Applicant alleges that he wanted to go to trial
on the charges, but that trial counsel told him that he would lose if he did so. Applicant alleges that
trial counsel advised him that seven years was “the best he could do,” and that he would only serve
twenty-one months before being released.
Applicant 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. Crim. App. 1999). 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.
Specifically, trial counsel shall state whether a ten-month state jail plea offer was ever extended, and
if so, whether trial counsel conveyed that offer to Applicant, whether Applicant indicated that he
would accept such an offer, and why the offer was not accepted. Trial counsel shall describe all plea
offers made in this case and shall state what advice, if any, he gave to Applicant with regard to his
options of pleading guilty or going to trial on the charges. Trial counsel shall state what advice, if
any, he gave to Applicant regarding how much time he would have to serve on this sentence before
become eligible for parole and/or mandatory supervision, and before being released to parole and/or
mandatory supervision. 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 first supplement the habeas record with copies of all of the plea
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documents in this case, including any written plea agreement, admonishments, waivers and
stipulations, and judicial confession. If the State introduced evidence to support the plea, the trial
court shall supplement the habeas record with such evidence. The trial court shall make findings of
fact and conclusions of law as to whether the performance of Applicant’s trial counsel was deficient
and, if so, whether counsel’s deficient performance prejudiced Applicant. 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.
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: March 21, 2018
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