Davis, Lance Terrell

OFFICIAL BUSMy^§&OGK STATE OF TEXAS '•. £§_ ;' .PENALTV96fpfc,|i>^lg?l PRIVATE USE

ZIP 78701'"^- 1W P.O. BOX 12308, CAPITOL STATION . a. u. 0001401603JUN 30 2016 AUSTIN, TEXAS 78711

RE: WR-84,973-01

LANCE TERRELL DAVIS . v p# 1961808 <%TSJ DAD 19

ANK NSN REF

331-1898 NEEDS CORRECT

TDCJ # TO ID SHARON KELLER ABEL ACOSTA PRESIDING JUDGE Court of Criminal Appeals CLERK (512)463-1551 P.O. BOX 12308, CAPITOL STATION LAWRENCE E. MEYERS

CHERYL JOHNSON

AUSTIN, TEXAS 78711 SIAN SCHILHAB GENERAL COUNSEL MIKE KEASLER (512)463-1597 BARBARA P. HERVEY

ELSA ALCALA

BERT RICHARDSON

KEVIN P. YEARY

DAVID NEWELL

JUDGES

June 29, 2016 Presiding Judge 210th District Court

500 E San Antonio, #1005

El Paso, TX 79901-2457

Re: DAVIS, LANCE TERRELL

CCA No. WR-84,973-01

Trial Court Case No. 20130D04494-210-1

The Court has this day issued an order for the above referenced cause.

Sincerely,

Abel Acosta, Clerk cc: District Attorney El Paso County (DELIVERED VIA E-MAIL) LANCE TERRELL DAVIS

District Clerk El Paso County (DELIVERED VIA E-MAIL)

Supreme Court Building, 201 West 14th Street, Room 106, Austin, Texas 78701 Website www.txcourts.gov/cca.aspx

CAUSE NO. 20130D04494 IN THE 210th DISTRICT COURT FROM EL PASO COUNTY

Per curiam. Alcala, J., filed a concurring opinion in which Johnson, J., joined. Yeary, J., filed a concurring opinion in which Keasler, and Hervey, JJ., joined.

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 a writ of habeas corpus. Exparte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault with a deadly weapon and sentenced to two years' imprisonment. He did not appeal his conviction.

Applicant has alleged several grounds of ineffective assistance of trial counsel and that he was improperly denied jury instructions on the issues ofnecessity and defense ofa third person. The record before us does not contain sufficient information to address Applicant's claims, and it contains is no response from the State, or findings of fact by the trial court.

CAUSE NO. 20130D04494-210-1 IN THE 210™ DISTRICT COURT FROM EL PASO COUNTY

ALCALA, J., filed a concurring opinion in which JOHNSON, J., 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. I, however, do not join the Court's order because it fails to accurately track the statutory language in the Code of Criminal Procedure, in that it improperly limits an indigent pro se habeas applicant's entitlement to the assistance of appointed post-conviction counsel to situations involving a hearing on remand. As I previously explained in my concurring opinion in Ex parte Pointer, in order to comply with the statutory requirements in the Code, this Court's order should

CAUSE NO. 20130D04494-210-1 IN THE 210™ DISTRICT COURT FROM EL PASO COUNTY

YEARY, J., filed a concurring opinion, in which KEASLER, and HERVEY, JJ., joined.

CONCURRING OPINION

Adhering to the views expressed in my concurring opinion in Ex parte Pointer, S.W.3d , Nos. WR-84,786-01 & WR-84,786-02 (Tex. Crim. App. del. June 8, 2016), I join in the Court's disposition of this case.

FILED: June 29, 2016

DO NOT PUBLISH