IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-84,550-01 & WR-84,550-02

EX PARTE DANNY RICHARD RIVERS, JR., Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. 51391-A*1 & 51391-A*2 IN THE 30TH DISTRICT COURT

FROM WICHITA COUNTY

ALCALA , J., filed a concurring opinion.

CONCURRING OPINION

I join this Court’s remand order because I agree with its observation that applicant has alleged facts that “if true, might entitle him to relief.” Because applicant has pleaded a colorable ineffective-assistance-of-counsel claim, I would order the habeas court on remand to appoint counsel for him upon request if he is indigent, regardless of whether the trial court holds a hearing. See Ex parte Pointer, 492 S.W.3d 318, 320-21 (Tex. Crim. App. 2016) (per curiam) (Alcala, J., concurring). At a minimum, however, in addition to the order’s current admonition that the appointment of counsel is mandatory for an indigent applicant upon request if the habeas court holds a hearing, I would include a further admonishment that an indigent applicant is “entitled” to the appointment of counsel upon request “if the court concludes that the interests of justice require representation.” See TEX . CODE CRIM . PROC. ART . 1.051(d).

Rivers - 2 Filed: October 5, 2016 Do Not Publish