Carter, Roger Dale

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-85,060-01 & WR-85,060-02

EX PARTE ROGER DALE CARTER, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 09-03-02825-CR & 09-03-02827-CR

IN THE 359TH DISTRICT COURT FROM MONTGOMERY COUNTY

A LCALA, J., filed a concurring opinion in which J OHNSON and R ICHARDSON, JJ., joined.

CONCURRING OPINION

I respectfully concur in the Court’s order that remands this pro se habeas application to the convicting court for further development of the record regarding applicant’s complaint that his sentences were improperly cumulated. I, however, would also instruct the habeas court to consider applicant’s ineffective-assistance-of-counsel claim. For the reasons stated in my dissenting opinions in Ex parte Garcia, No. WR-83,681-01, 2016 WL 1358947 (Tex. Crim. App. Apr. 6, 2016) (Alcala, J., dissenting) and Ex parte Honish, No. WR-79,976-05, 2016 WL 3193384 (Tex. Crim. App. June 8, 2016) (Alcala, J., dissenting), I would remand Carter - 2 this case to the habeas court for the appointment of counsel in the interests of justice and permit counsel to amend applicant’s ineffectiveness-claim pleadings. Because this Court remands only applicant’s improper-cumulation claim, I respectfully concur.

Filed: June 29, 2016

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