Garrett, Tevin Tyrell ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-90,476-01, WR-90,476-02 AND WR-90,476-03
EX PARTE TEVIN TYRELL GARRETT, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 18CR20508A, 17CR20221A AND 17CR20217A
IN THE 123RD DISTRICT COURT
FROM SHELBY 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 pleaded guilty to one charge
of evading arrest or detention with a motor vehicld and two charges of burglary of a habitation and
originally received deferred adjudication community supervision. He was later adjudicated guilty
and sentenced to ten years’ imprisonment for the evading arrest charge and twenty years’
imprisonment for each of the burglary charges, all running concurrently. He did not appeal his
convictions.
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Applicant contends, among other things,1 that his trial counsel rendered ineffective assistance
resulting in unknowing and involuntary pleas. Applicant alleges that trial counsel failed to
adequately consult with him, and advised him to plead guilty to all three charges without advising
him that the State lacked sufficient evidence to support the convictions.
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 he communicated with Applicant, whether he advised
Applicant of the State’s evidence, and what advice, if any, he provided to Applicant with regard to
his options of entering a plea or going to trial on the charges. 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 records with copies of all of the relevant plea
documents in these cases, including any written plea agreements, admonishments, waivers,
stipulations and judicial confessions, any evidence that was introduced to support the pleas, and a
transcript of the plea proceedings. 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
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This Court has considered Applicant’s other claims and finds them to be without merit.
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deficient performance prejudiced Applicant. The trial court shall make findings of fact and
conclusions of law as to whether Applicant’s original pleas of guilty were knowingly and voluntarily
entered. 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: November 6, 2019
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