Williams, Jarious Zsontae ( 2020 )


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  •               IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NOS. WR-91,753-01 & -02
    EX PARTE JARIOUS ZSONTAE WILLIAMS, Applicant
    ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
    CAUSE NOS. 369CR-18-33939-A & 369CR-16-32725-A
    IN THE 3RD DISTRICT COURT FROM ANDERSON COUNTY
    Per curiam.
    ORDER
    Applicant pleaded guilty to two drug offenses and was sentenced to imprisonment.
    Applicant, through habeas counsel, filed these application for writs of habeas corpus in the county
    of conviction, and the district clerk forwarded them to this Court. See TEX . CODE CRIM . PROC. art.
    11.07.
    Applicant contends, among other things, that his pleas were involuntary because trial counsel
    provided ineffective assistance. Applicant has alleged facts that, if true, might entitle him to relief.
    Hill v. Lockhart, 
    474 U.S. 52
    (1985); Ex parte Argent, 
    393 S.W.3d 781
    (Tex. Crim. App. 2013).
    Accordingly, the record should be developed. The trial court is the appropriate forum for findings
    of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall order trial counsel to
    2
    respond to Applicant’s claims of ineffective assistance by explaining counsel’s representation of
    Applicant, including applicable strategy and tactical decisions. In developing the record, the trial
    court may use any means set out in Article 11.07, § 3(d).
    The trial court shall make findings of fact and conclusions of law regarding Applicant’s
    habeas claims. The trial court may also make any other findings and conclusions that it deems
    appropriate.
    The trial court shall make findings of fact and conclusions of law within ninety days from
    the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
    findings and conclusions and the record developed on remand, including, among other things,
    affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
    hearings and depositions. See TEX . R. APP. P. 73.4(b)(4). Any extensions of time must be requested
    by the trial court and obtained from this Court.
    Filed: October 21, 2020
    Do not publish
    

Document Info

Docket Number: WR-91,753-01

Filed Date: 10/21/2020

Precedential Status: Precedential

Modified Date: 10/26/2020