Per curiam.
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 6179-A IN THE 100TH DISTRICT COURT FROM CHILDRESS COUNTY
Per curiam. ORDER
Applicant pleaded guilty to possession of a controlled substance in exchange for seven years' deferred adjudication community supervision. He was later adjudicated guilty and sentenced to fifty years' imprisonment. The Seventh Court of Appeals dismissed his appeal at Applicant's request. Delacruz v. State, No. 07-18-00017 (Tex. App. — Amarillo July 17, 2018) (not designated for publication). 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 did not object when the State added an enhancement allegation to the charge on the day of Applicant's plea, and failed to advise Applicant that he would be subject to the enhanced punishment range for a first degree felony if he were to be adjudicated guilty.
This Court has reviewed Applicant's other claims and finds them to be without merit. --------
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 shall order trial counsel to respond to Applicant's claims. Specifically, trial counsel shall state whether the defense was provided with notice of the possibility that this charge would be enhanced with a prior felony conviction, and if so, when. Trial counsel shall state whether he investigated Applicant's criminal history, and whether Applicant ever advised him that the prior conviction was challengeable for any reason. Trial counsel shall state whether he advised Applicant that he would be subject to punishment for a first degree felony if he were to be adjudicated guilty of this charge, and shall state what advice, if any, counsel provided to Applicant with regard to whether he should plead guilty or proceed to trial on the charges.
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 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 may make any other findings and conclusions that it deems appropriate in response to Applicant's claims.
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: November 4, 2020
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