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 pleaded guilty to two charges of aggravated assault with a deadly weapon and was sentenced to ten years' imprisonment on each cause. He did not appeal his convictions.

Applicant contends that his pleas were involuntary because his counsel did not explain the procedure, he was on suicide watch and having mental problems during the proceedings, and did not understand the consequences of his plea. He alleges he informed his counsel about his history of mental issues and counsel failed to investigate or obtain his medical records. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 608 (1984); Ex parte Lemke, 13 S.W.3d 791,795-96 (Tex. Crim. App. 2000). This Court previously remanded these applications to obtain further information from the trial court. Applicant's counsel answered Applicant's allegations by way of an affidavit describing step by step what procedures he went through when explaining the plea paperwork to Applicant. However, counsel failed to address Applicant's psychological history and his allegations that counsel failed to investigate his competency or obtain his medical records.

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 may use any means set out in Tex. Code Crim. Proc. art. 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 wishes to be represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing. Tex. Code Crim. Proc. art. 26.04.

The trial court shall make additional findings of fact and conclusions of law in regard to Applicant's claim that his plea was involuntary. The trial court shall make specific findings of fact regarding whether or not counsel knew or should have known of Applicant's psychological history and whether counsel had any indication that Applicant was not competent to stand trial. 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 90 days of this order. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: September 12, 2007

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