Per curiam.
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NO. B14449 IN THE 198TH DISTRICT COURT FROM KERR COUNTY
Per curiam. ORDER
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 two counts of online solicitation of a minor and sentenced to imprisonment for three years and six months on each count. He did not appeal his convictions.
Applicant contends, among other things, that his convictions should be set aside because this Court declared § 33.021(b) of the Penal Code unconstitutional. See Ex parte Lo, 424 S.W.3d 10, 14 (Tex. Crim. App. 2013).
Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Lo, 424 S.W.3d 10, 14 (Tex. Crim. App. 2013); 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.
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.
The trial court shall make findings of fact and conclusions of law as to whether Applicant's claim in ground one is meritorious. 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.
These applications will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 15 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 30 days of the date of this order. Any extensions of time must be requested by the trial court and shall be obtained from this Court. Filed: February 7, 2018
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