Famule, Olusiji Olumide ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,546-01
EX PARTE OLUSIJI OLUMIDE FAMULE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1348418-A IN THE 174TH DISTRICT COURT
FROM HARRIS 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 assault and was
placed on deferred adjudication probation for four years. He was later adjudicated guilty and
sentenced to two years’ imprisonment. He did not appeal his conviction.
Applicant contends, among other things, that counsel at the guilty-plea stage failed to advise
him of the deportation consequences of his plea. He also contends that counsel at the adjudication-
of-guilt stage told him he did not have to worry about being deported.
Applicant has alleged facts that, if true, might entitle him to relief. Padilla v. Kentucky, 559
2
U.S. 356 (2010); 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 at the adjudication-of-guilt stage to respond to Applicant’s claim. 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 him at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall first make findings of fact and conclusions of law as to whether
Applicant’s sentence has discharged and he is suffering collateral consequences. See TEX . CODE
CRIM . PROC. art. 11.07, § 3(c). The trial court shall then make findings and conclusions as to whether
counsel at both the guilty-plea and adjudication-of-guilt stages were deficient and whether Applicant
was prejudiced. The trial court shall also make any other findings and conclusions that it deems
relevant and appropriate to the disposition of Applicant’s claims 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 20, 2019
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