¶1concurs and dissents.
¶2I concur in the decision to remand this cause to the habeas court to make findings of fact and conclusions of law regarding the claim of ineffective assistance of counsel. However, I dissent to the majority’s treatment of applicant’s contention that the information was fundamentally defective. Because of the action taken on applicant’s ineffective assistance of counsel claim, it is unnecessary to reach the merits of the defective information claim and, in the process, overrule Ex. parte Nivens, 619 S.W.2d 184 (Tex.Cr.App.1981).