Williams, Percy Donnell ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-88,159-01 AND WR-88,159-02
EX PARTE PERCY DONNELL WILLIAMS, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 27735 A-1 AND 27737 A-1 IN THE 278TH DISTRICT COURT
FROM WALKER 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 burglary of
a building and burglary of a habitation, and he was sentenced to concurrent terms in prison. There
were no direct appeals.
Applicant raises several claims in his habeas applications, including claims of ineffective
assistance of trial counsel, and he 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.
-2-
1999); Lafler v. Cooper, 132 S. Ct. 1376 (2012); Missouri v. Frye, 132 S. Ct. 1399 (2012). There is
no response from counsel in the record provided to this Court, and there are no findings from the trial
court. 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 by explaining counsel’s representation of Applicant, including applicable strategy and
tactical decisions. Counsel shall discuss any plea negotiations and plea offers. To obtain the
response, 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 regarding the claims raised
in the habeas application. The trial court may also make any other findings of fact and conclusions
of law 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 shall be
obtained from this Court.
Filed: March 28, 2018
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