The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR- 71,904-01
EX PARTE BILLY AARON SLIGER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR17102 IN THE 35 TH DISTRICT COURT
FROM BROWN 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 this application for writ of habeas corpus. Ex parte
Young , 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). After a period of deferred adjudication
community supervision, Applicant was adjudicated guilty, convicted of aggravated sexual assault,
and sentenced to fifty years' imprisonment.
Applicant contends, inter alia , that counsel at his original plea rendered ineffective assistance
by failing to investigate his mental history, allowing and encouraging him to make a plea deal for
deferred adjudication community supervision when he should have known Applicant would not have
been able to successfully complete the supervision due to his mental illness, and failing to discuss
a possible defense due to his mental illness, which was known to counsel.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington ,
466 U.S. 608 (1984); Ex parte Lemke , 13 S.W.3d 791,795-96 (Tex. Crim. App. 2000). In these
circumstances, additional facts are needed. As we held in Ex parte Rodriguez , 334 S.W.2d 294, 294
(Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. The trial court
shall provide Applicant's trial counsel with the opportunity to respond to Applicant's claim of
ineffective assistance of counsel. The trial court may use any means set out in Tex. Code Crim.
Proc. art. 11.07, § 3(d). In the appropriate case, the trial court may rely on its personal recollection.
Id .
If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If
Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an
attorney to represent Applicant at the hearing. Tex. Code Crim. Proc. art. 26.04.
The trial court shall make findings of fact as to whether original counsel knew of Applicant's
mental health problems prior to the plea. The trial court shall make findings of fact as to what
investigation, if any, counsel did into any possible defenses based on Applicant's mental illness
history. The trial court shall make findings of fact as to whether the performance of Applicant's trial
attorney was deficient and, if so, whether counsel's deficient performance prejudiced Applicant. The
trial court shall also make any other findings of fact and conclusions of law that it deems relevant
and appropriate to the disposition of Applicant's claim for habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. If any continuances are granted, a copy of the
order granting the continuance shall be sent to this Court. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or
deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall
be returned to this Court within 120 days of the date of this order. Any extensions of time shall be
obtained from this Court.
Filed: May 6, 2009
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