Ross, Doreatha Elaine

• Court: Court of Criminal Appeals of Texas
• Decided: May 15, 2013
• Docket: WR-79,329-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-79,329-01 EX PARTE DOREATHA ELAINE ROSS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 28567-86 IN THE 86TH DISTRICT COURT

FROM KAUFMAN 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 thirteen years' imprisonment. She did not appeal her conviction.

Applicant appears to claim that her plea was involuntary and that she was incompetent. The trial court made findings of fact and conclusions of law and recommended that we deny her application. The trial court found, among other things, that her claims could be resolved by the record and that she had not alleged any constitutional or jurisdictional claim upon which relief could be granted. We do not agree. Applicant has alleged facts that, if true, might entitle her 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 and state whether he or she investigated Applicant's mental health history, believed Applicant was competent, and explained the charges, evidence, and admonishments to Applicant. 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 her at the hearing. Tex. Code Crim. Proc. art. 26.04.

After reviewing counsel's response, the trial court shall make further findings of fact and conclusions of law as to whether Applicant was competent. It shall also determine whether counsel's conduct was deficient and, if so, Applicant would have insisted on a trial but for that deficient conduct. Hill v. Lockhart, 474 U.S. 52 (1985). 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 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 shall be obtained from this Court.

Filed: May 15, 2013

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