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Watts, Courtney Adam ( 2014 )


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  • IN THE COURT OF CRIMINAL APPEALS

    OF TEXAS



    NOS. WR-79,776-01, -02 & -03




    EX PARTE COURTNEY ADAM WATTS, Applicant




    ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

    CAUSE NOS. 1236670D, 1236671D & 1236802D

    IN CRIMINAL DISTRICT COURT NUMBER TWO

    FROM TARRANT COUNTY




                Per curiam.

     

    O R D E R


                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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of marihuana and possession of alprazolam and hydrocodone with the intent to deliver. He was sentenced to eight years’ imprisonment on each count. He did not appeal his convictions.

                Applicant contends, among other things, that counsel failed to advise him that he could appeal his convictions. On July 24, 2013, we remanded these applications and directed the trial court to determine whether Applicant’s waivers of appeal were valid, counsel’s conduct was deficient, and his deficient conduct rendered Applicant’s pleas involuntary. On remand, the trial court concluded that Applicant’s waivers were invalid and counsel’s conduct was deficient, but it did not determine whether counsel’s conduct rendered Applicant’s pleas involuntary.

                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 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 make further findings of fact and conclusions of law as to whether, but for counsel’s deficient conduct, Applicant would not have pleaded guilty and would have insisted on a trial. Hill v. Lockhart, 474 U.S. 52, 59 (1985). 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 60 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 90 days of the date of this order. Any extensions of time shall be obtained from this Court.

     

    Filed: January 15, 2014

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