IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-85,821-01

EX PARTE LARRY DONNELL GIBBS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2015CRR001320-D1(A) IN THE 49TH DISTRICT COURT

FROM WEBB 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). Filed: November 23, 2016 Do Not Publish