IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. AP-76,483 & AP-76,484

EX PARTE ALVIN ROYCE WELLS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. W10816-1 AND W10815-1

           IN THE 355^TH JUDICIAL DISTRICT COURT FROM HOOD COUNTY

           Per curiam.

O R D E R

            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 once charge of possession of a controlled substance, and one charge of unlawful possession of a firearm by a felon, and was sentenced to fifty years’ imprisonment.

            Applicant contends that his trial counsel was ineffective because counsel advised him incorrectly about the conditions of a plea offer made by the State. Apparently, counsel conveyed the State’s 45-year offer to Applicant, but advised him that it would include an affirmative deadly weapon finding. Applicant declined the offer, which expired shortly thereafter. Counsel subsequently learned that an affirmative deadly weapon finding had not been a specific term of the 45-year plea offer, and Applicant told counsel that he would accept the 45-year offer without an affirmative deadly weapon finding. However, by that time the State had withdrawn the offer. Applicant subsequently pleaded guilty in exchange for a 50-year sentence, which carries no affirmative deadly weapon finding. We order that these applications be filed and set for submission to determine whether counsel’s incorrect advice regarding the terms of the 45-year plea offer amounted to a failure to convey the plea offer, and if so, what the remedy in this case would be. The parties shall brief these issues.

            The trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing either the order appointing counsel or a statement that Applicant is not indigent. All briefs shall be filed with this Court within 90 days of the date of this order.

Filed: January 26, 2011

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