Speckman, Steve Herbert ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,947-02
EX PARTE STEVE HERBERT SPECKMAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 0861282-A IN THE 372ND DISTRICT COURT
FROM TARRANT 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 aggravated sexual
assault and after being adjudicated guilty was sentenced to thirty years’ imprisonment. The Seventh
Court of Appeals affirmed his conviction. Speckman v. State, No. 07-13-00232-CR (Tex.
App.—Amarillo May 23, 2014) (not designated for publication).
In an amended application, Applicant contends, among other things, that guilty-plea counsel
told him that he could be convicted at trial based solely on the complainant’s written statements and
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that she would not have to be questioned at trial.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984); Crawford v. Washington, 541 U.S. 36 (2004); 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 guilty-plea counsel to respond to
the above claim. The trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, §
3(d).
Applicant appears to be represented by counsel. If he is not and 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
counsel’s advice was deficient and but for his alleged deficient advice, 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.
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
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requested by the trial court and shall be obtained from this Court.
Filed: September 12, 2018
Do not publish