Rogers, Ex Parte Ronald David

• Court: Court of Criminal Appeals of Texas
• Decided: August 24, 2011
• Docket: AP-76,616
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-76,615 & AP-76,616 EX PARTE RONALD DAVID ROGERS, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. 39154 & 39155 IN THE 268^TH DISTRICT COURT

FROM FORT BEND COUNTY

Per curiam. Alcala, J., not participating.

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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault attempted aggravated sexual assault and sentenced to sixty and fifteen years' imprisonment, respectively.

Applicant contends that trial counsel was ineffective. He alleges that counsel did not discover evidence suggesting that applicant was not at the scene of a crime that was used against him at punishment as an extraneous offense. We order that this application be filed and set for submission to determine whether counsel rendered ineffective assistance of counsel at the punishment phase of the trial, and if so, whether Applicant was harmed under Strickland v. Washington. ⁽¹⁾ The parties shall brief these issues.

It appears that Applicant is not represented by counsel. If that is 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: August 24, 2011

Do not publish

1. Strickland v. Washington, 466 U.S. 668 (1984).