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Ex Parte Steven Leon Purtle

The applicant for writ of habeas corpus was convicted of driving while intoxicated. His community supervision was later revoked and he was sentenced to five years' imprisonment. Because additional facts are needed to review his claim of ineffective assistance, the application is held in abeyance pending the trial court's resolution of the fact issues. Court of Criminal Appeals, No. WR-76,950-01, 02-01-2012.

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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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to driving while intoxicated, and was sentenced to five years’ community supervision. His community supervision was later revoked, and he was sentenced to five years’ imprisonment. He did not appeal his conviction.

Applicant contends, inter alia, that his trial counsel rendered ineffective assistance because counsel entered a guilty plea without consulting Applicant, failed to investigate, and failed to file notice of appeal. It is unclear from Applicant’s allegations whether he is referring to his counsel at the original plea, or his counsel at the revocation proceedings. The record shows that Applicant signed the plea agreement in exchange for community supervision, indicating that he was aware of that plea. Although the judgment revoking community supervision shows that Applicant pleaded "true" to violating the conditions of community supervision, there is nothing in the record to show whether evidence was presented or testimony taken during the revocation proceedings, or to indicate what advice counsel gave to Applicant with respect to his plea at revocation.

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