Grooms, Donald Ray

• Court: Court of Criminal Appeals of Texas
• Decided: December 13, 2017
• Docket: WR-87,708-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-87,708-01

EX PARTE DONALD RAY GROOMS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 18862-B IN THE 104TH DISTRICT COURT FROM TAYLOR 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 a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to burglary of a

habitation and was sentenced to twenty years’ imprisonment. He did not appeal his conviction.

Applicant contends, among other things,1 that his trial counsel rendered ineffective assistance

because trial counsel failed to investigate Applicant’s history of mental illness, and failed to explain

the nature and consequences of the plea to Applicant.

1 This Court has reviewed Applicant’s other claims and finds them to be without merit. 2

Applicant 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. 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 trial counsel to respond to Applicant’s claims of ineffective assistance of counsel.

Specifically, trial counsel shall state whether he investigated Applicant’s mental health history. Trial

counsel shall state whether he considered or advised Applicant of the possibility of raising an

insanity defense. Trial counsel shall state what advice, if any, he gave to Applicant regarding the

nature and consequences of his plea. 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 first supplement the record with copies of the plea documents, as well

as the report from the competency evaluation that was ordered and performed in this case, and any

other documents relevant to Applicant’s plea. The trial court shall make findings of fact and

conclusions of law as to whether the performance of Applicant’s trial counsel was deficient and, if

so, whether counsel’s deficient performance prejudiced Applicant. 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 3

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 must

be requested by the trial court and shall be obtained from this Court.

Filed: December 13, 2017 Do not publish