Stebbins, Matthew

• Court: Court of Criminal Appeals of Texas
• Decided: July 24, 2013
• Docket: WR-79,670-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-79,670-01

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EX PARTE MATTHEW STEBBINS, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 10-CR-4330-H IN THE 347TH DISTRICT COURT

FROM NUECES COUNTY

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            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 murder and sentenced to twenty-three years’ imprisonment. The Thirteenth Court of Appeals dismissed his appeal. Stebbins v. State, No. 13-12-00476-CR (Tex. App.—Corpus Christi–Edinburg 2012, no pet.).

            Applicant contends that after the trial court declared a mistrial, counsel coerced him into pleading guilty. The trial court made findings of fact and conclusions of law and recommended that we deny relief. We believe that the record should be further developed.

            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 claim. Counsel shall describe his advice to Applicant after the mistrial; state whether he advised Applicant to plead guilty; and state whether he believes Applicant’s guilty plea was voluntary. 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 him 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 counsel’s conduct rendered Applicant’s plea involuntary and whether Applicant would have insisted on a trial but for counsel’s conduct. The trial court shall also direct the District Clerk to forward a copy of the reporter’s record of the plea hearing, if available, to this Court. 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: July 24, 2013

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