Rector, Donald Ray

• Court: Court of Criminal Appeals of Texas
• Decided: January 11, 2023
• Docket: WR-72,111-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-72,111-02

EX PARTE DONALD RAY RECTOR, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. WRIT12207 IN THE 196TH DISTRICT COURT FROM HUNT COUNTY

Per curiam.

ORDER

Applicant pleaded guilty to manufacture or delivery of a controlled substance and was

sentenced to ten years’ imprisonment. Applicant did not appeal his conviction. Applicant filed this

application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded

it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.

Applicant contends, among other things, that his plea was involuntary because trial counsel

threatened him with the possibility of life imprisonment. Applicant has alleged facts that, if true,

might entitle him to relief. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781

(Tex. Crim. App. 2013). Accordingly, the record should be developed. The trial court is the

appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court 2

shall order trial counsel to respond to Applicant’s claim. In this response, trial counsel shall state

whether he told Applicant he could be sentenced to life imprisonment, and if so, what this was based

on. In developing the record, the trial court may use any means set out in Article 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 wants to be represented by counsel, the trial court shall appoint counsel to represent

him at the hearing. See TEX . CODE CRIM . PROC. art. 26.04. If counsel is appointed or retained, the

trial court shall immediately notify this Court of counsel’s name.

The trial court shall ensure the habeas record is supplemented with copies of the plea

paperwork, admonishments, and a transcript of the plea proceedings. The trial court shall make

findings of fact and conclusions of law as to whether trial counsel’s performance was deficient and

Applicant would have insisted on a trial but for counsel’s alleged deficient performance. The trial

court shall also make findings of fact and conclusions of law as to whether Applicant had prior

convictions that could have been used to enhance his punishment. The trial court may make any

other findings and conclusions that it deems appropriate in response to Applicant’s claim.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX . R. APP. P. 73.4(b)(4). Any extensions of time must be requested

by the trial court and obtained from this Court.

Filed: January 11, 2023 Do not publish