EX PARTE ANTWON TAYLOR, Applicant (Other)

State: Texas

Docket No: WR-74,887-03

Case Date: 11/09/2011

Preview:IN THE COURT OF CRIMINAL APPEALS OF TEXAS
NO. WR-74,887-03

EX PARTE ANTWON TAYLOR, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 08F0204-202 IN THE 202ND DISTRICT COURT FROM BOWIE 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 this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of sexual assault of a child and sentenced to forty years' imprisonment. He did not appeal his conviction. Applicant contends, among other things, that his plea was involuntary due to counsel's errors. He alleges he was sentenced outside the applicable range of punishment and that trial counsel rendered ineffective assistance because counsel did not investigate and discover two alibi witnesses who would have testified "that this assault never occurred." Applicant's indictment charged him with

2 a second-degree felony, and his judgment recites that he was convicted of the same. Though the indictment contains two enhancement allegations, the judgment contains nothing suggesting that the enhancement allegations were found to be true. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Lemke, 13 S.W.3d 791,795-96 (Tex. Crim. App. 2000). In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1997), the trial court is the appropriate forum for findings of fact. The trial court shall obtain an answer from Applicant's trial counsel addressing Applicant's claims of ineffective assistance of counsel. The trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07,

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