EX PARTE BRANDON HEATH SWANN, Applicant (Other)
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-77,213-01 EX PARTE BRANDON HEATH SWANN, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 7,237 IN THE 8 TH DISTRICT COURT FROM FRANKLIN 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of attempted murder and sentenced to twenty years imprisonment. He did not appeal his conviction. Applicant contends that his plea was involuntary due to incorrect advice from counsel. He alleges that he was serving community supervision for two cases from Wood County at the time of the plea and that counsel wrongly told him that those cases would run concurrently with this conviction. He alleges that the Wood County cases were eventually ordered to run consecutive to 2 this case. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Lemke, 13 S.W.3d 791,795-96 (Tex. Crim. App. 2000). In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1997), the trial court is the appropriate forum for findings of fact. The trial court shall obtain a response from Applicant s trial counsel addressing 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, ยง 3(d). In the appropriate case, the trial court may rely on its personal recollection. Id. 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 in regard to Applicant s claim that his plea was involuntary. The trial court shall make specific findings as to what, if anything, counsel told Applicant about how his time from other pending cases would run relative to the instant cause. The trial court shall also make specific findings detailing what sentences Applicant is currently serving and whether any are being calculated to run consecutive to the instant case. 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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter s notes from any hearing or 3 deposition, along with the trial court s supplemental findings of fact and conclusions of law, shall be returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court. Filed: April 4, 2012 Do not publish
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