Hunnel, Ronnie Jay ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-86,246-01, WR-86,246-02, WR-86,246-03 & WR-86,246-04
EX PARTE RONNIE JAY HUNNEL, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. CR-16-25713-A, CR-16-25714-A, CR-15-25461-A & CR-15-25325-A
IN THE 336TH DISTRICT COURT
FROM FANNIN 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 was convicted of evading
arrest, unauthorized use of a motor vehicle, bail jumping, and manufacture or delivery of a controlled
substance in a drug free zone. Applicant was sentenced to five years’ imprisonment in each case,
with the bail jumping sentence ordered to run consecutive to the sentence for manufacture or delivery
of a controlled substance in a drug free zone. He did not appeal his convictions.
Applicant contends that his trial counsel rendered ineffective assistance because, when it was
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discovered that the initial plea agreement was legally improper, counsel did not advise Applicant that
he could withdraw his guilty pleas rather than accepting the original plea, modified by a consecutive
sentence.
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 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 the
performance of Applicant’s trial counsel was deficient and, if so, whether counsel’s deficient
performance prejudiced Applicant. The trial court shall make specific findings addressing
Applicant’s claim that his pleas were involuntary because he was not told he could withdraw his
guilty pleas, rather than accept a modified agreement that required one of the sentences to run
consecutively. Should the trial court find that Applicant was mis-advised, the court shall make
findings determining whether, but for counsel’s errors, Applicant would have insisted on a trial. 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.
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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: February 1, 2017
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