Martin, Virgil JoeAllen

• Court: Court of Criminal Appeals of Texas
• Decided: April 9, 2014
• Docket: WR-78,402-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-78,402-01 EX PARTE VIRGIL JOEALLEN MARTIN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 9412689-A IN THE 177TH DISTRICT COURT

FROM HARRIS COUNTY

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 aggravated robbery and sentenced to sixty-five years' imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Martin v. State, No. 14-95-00547-CR (Tex. App.--Houston [14th Dist.] 1997, pet. ref'd).

Applicant contends that trial and appellate counsel rendered ineffective assistance. Strickland v. Washington, 466 U.S. 668 (1984). We order that this application be filed and set for submission. The parties shall brief whether counsel rendered ineffective assistance and whether Applicant's third ground is barred by the doctrine of laches. Ex parte Perez, 398 S.W.3d 206 (Tex. Crim. App. 2013). Oral argument is not permitted.

It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court within 90 days of the date of this order.

Filed: April 9, 2014

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