Opinion
NO. WR-92,362-01
03-10-2021
EX PARTE DAVID CARBAJAL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-16-0944-CR IN THE 244TH DISTRICT COURT FROM ECTOR COUNTY Per curiam. ORDER
Applicant was convicted of driving while intoxicated and sentenced to twelve years' imprisonment. 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 that his attorney was ineffective and his plea was involuntary because he was not given the agreed upon jail time credit from January 15, 2015 to June 21, 2016. Applicant has alleged facts that, if true, might entitle him to relief. Brady v. United States, 397 U.S. 742 (1970). 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 claim. 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 as to whether counsel informed Applicant that he would receive over 500 days of jail time credit if he pleaded guilty to the offense. The trial court shall determine whether such jail time credit was a part of the plea bargain agreement. The trial court shall make findings of fact and conclusions of law as to whether Applicant's plea was involuntary. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claim.
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: March 10, 2021
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