Bookman, Jason Shawn-Micheal

• Court: Court of Criminal Appeals of Texas
• Decided: June 25, 2014
• Docket: WR-79,801-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-79,801-01

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EX PARTE JASON SHAWN-MICHEAL BOOKMAN, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 958551-A IN THE 338TH DISTRICT COURT

FROM HARRIS COUNTY

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            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 this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder and sentenced to imprisonment for life. The First Court of Appeals affirmed his conviction. Bookman v. State, No. 01-04-01145-CR (Tex. App.—Houston [14th Dist.] 2007, no pet.).

            Applicant contends, among other things, that appellate counsel failed to argue that the trial court erred in cumulating his sentence with a subsequent ten-year sentence for aggravated robbery. The trial court made findings of fact and conclusions of law and recommended that we reform the judgment. We believe that the record is not sufficient to resolve this claim.

            Applicant has alleged facts that, if true, might entitle him to relief. Robbins v. Smith, 528 U.S. 259 (2000); 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 appellate counsel to respond to Applicant’s 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 further hearings, 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.

            After reviewing appellate counsel’s response, the trial court shall make further findings of fact and conclusions of law as to whether counsel’s conduct was deficient and Applicant was prejudiced. 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 shall be obtained from this Court.

Filed: June 25, 2014

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