Ford, Alex

• Court: Court of Criminal Appeals of Texas
• Decided: May 21, 2014
• Docket: WR-80,943-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-80,943-01

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EX PARTE ALEX FORD, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 10-01413-CRF85 IN THE 85TH DISTRICT COURT

FROM BRAZOS 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 intoxication assault and sentenced to six years’ imprisonment. The Tenth Court of Appeals affirmed her conviction. Ford v. State, No. 10-11-00270-CR (Tex. App. – Waco, September 20, 2012, pet. ref’d.).

            Applicant contends that her trial counsel rendered ineffective assistance because counsel failed to advise her of a plea offer, failed to explain the meaning and consequences of an affirmative deadly weapon finding, failed to preserve errors at trial, and failed to request a lesser included offense instruction.

            On January 30, 2014, the trial court entered findings of fact and conclusions of law, recommending that relief be denied. The trial court’s findings of fact and conclusions of law cite extensively to the transcript of a habeas hearing, which was apparently conducted on September 27, 2013. However, the habeas record does not contain a transcript of that hearing.

            The trial court shall supplement the habeas record with a transcript of the habeas hearing conducted on September 27, 2013. This application will be held in abeyance until the trial court has supplemented the habeas record with a transcript of the habeas hearing. The supplemental record containing the transcription of the court reporter’s notes from the habeas hearing shall be forwarded to this Court within 90 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: May 21, 2014

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