Opinion
WR-94,578-01
03-15-2023
EX PARTE RICARDO LATRELLE TAYLOR, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 007-1078-18-A IN THE 7TH DISTRICT COURT FROM SMITH COUNTY
ORDER
Per curiam.
Applicant was convicted of engaging in organized criminal activity and sentenced to 40 years' imprisonment. The Twelfth Court of Appeals affirmed his conviction. Taylor v. State, No. 12-19-00053-CR (Tex. App.-Tyler, Feb. 28, 2020). 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, in part, that trial counsel was ineffective. Specifically, he avers that defense counsel failed to submit a proposed self-defense jury instruction, although the trial court instructed him to do so. Counsel also failed to argue effectively and submit case law supporting such an instruction. Applicant further asserts that trial counsel failed to object to extraneous-act evidence presented by the State at both phases of the trial: evidence of gang activity and rivalry; Applicant's controlled substance offenses; and evidence of an incident at a fair involving a fist fight, child endangerment, and Applicant's conduct during his arrest. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984). 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 entered an order designating issues on May 25, 2021, ordering trial counsel to submit an affidavit by June 9, 2021. The record this Court received from the district court on Feb. 17, 2023, does not include trial counsel's affidavit. The trial court shall again order trial counsel to respond to Applicant's claim. The trial court shall notify this Court if defense counsel still fails to respond.
In developing the record, the trial court may use any means set out in Article 11.07, § 3(d). It appears that Applicant is represented by counsel. If the trial court elects to hold a hearing, it shall determine if Applicant is represented by counsel, and if not, 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 Article 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 and appellate counsel's performance was deficient and Applicant was prejudiced. 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.