Dixson, Van Dralan ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-85,898-01 & -02 & -03 & -04 & -05 & -06
EX PARTE VAN DRALAN DIXSON, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. W13-00611-M(A) & W13-60099-M(A) & W13-60100-M(A) &
W13-60101-M(A) & W13-60766-M(A) & W13-60767-M(A)
IN THE 194TH DISTRICT COURT FROM DALLAS COUNTY
Per curiam. A LCALA, J., filed a concurring opinion.
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 three counts
of aggravated sexual assault with a deadly weapon, one count of aggravated sexual assault of a child
with a deadly weapon, and two counts of aggravated robbery with a deadly weapon and sentenced
to life imprisonment. He did not appeal his convictions.
Applicant contends, among other things, that his pleas were involuntary, and that counsel
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rendered ineffective assistance by failing to investigate Applicant’s mental health issues and failing
to request a competency evaluation.
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 counsel to respond to Applicant’s claim of ineffective assistance of counsel. 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 as to whether Applicant’s
pleas were involuntary. The trial court shall also make findings of fact and conclusions of law as
to whether counsel failed to expand his investigation into Applicant’s mental illness and failed to
file any motions regarding Applicant’s competency or request a competency evaluation. 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.
These 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
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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: November 9, 2016
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