Opinion
WR-54,480-15 WR-54,480-16
04-17-2024
EX PARTE ROY GUZMAN JR., Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 16-05-11963-CR-3, 16-06-12012-CR-3, 17-05-12408-CR-3, 17-08-12517-CR-3, 17-08-12518-CR-3, 17-08-12519-CR-3 IN THE 38TH DISTRICT COURT FROM MEDINA COUNTY
ORDER
PER CURIAM
Applicant entered open pleas of guilty in six different cases: two manufacture/delivery of a controlled substance, one possession of a firearm by a felon, two aggravated assault against a public servant, and one engaging in organized criminal activity. He was sentenced to twenty years' imprisonment for each manufacture/delivery offense, twenty years' imprisonment for the possession of a firearm offense, sixty years' imprisonment for one of the aggravated assault offenses, fifty-five years' imprisonment for the other aggravated assault offense, and twenty-five years' imprisonment for the engaging in organized criminal activity offense. The Thirteenth Court of Appeals affirmed his convictions. Guzman v. State, Nos. 13-22-00472-CR, 13-22-00473-CR, 13-22-00474-CR, 13-22-00475-CR, 13-22-00476-CR, 13-22-00477-CR (Tex. App.-Corpus Christi June 22, 2023) (not designated for publication). Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant contends that trial counsel was ineffective for various reasons. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984). Accordingly, the record should be developed. The trial court is the appropriate forum for findings of fact. Tex. Code Crim. Proc. art. 11.07, § 3(d). The trial court shall order trial counsel to respond to Applicant's claims. In developing the record, the trial court may use any means set out in Article 11.07, § 3(d). If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the trial court shall appoint counsel to represent him at the hearing. See Tex. Code Crim. Proc. art. 26.04. If counsel is appointed or retained, the trial court shall immediately notify this Court of counsel's name.
The trial court shall make findings of fact and conclusions of law as to whether trial counsel's performance was deficient and Applicant was prejudiced. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claims.
The trial court shall make findings of fact and conclusions of law within ninety days from the date of this order. The district clerk shall then immediately forward to this Court the trial court's findings and conclusions and the record developed on remand, including, among other things, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from hearings and depositions. See Tex. R. App. P. 73.4(b)(4). Any extensions of time must be requested by the trial court and obtained from this Court.