Opinion
WR-94,884-01
06-28-2023
EX PARTE EDDIE ALANIZ, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 14-2185-K368 A IN THE 368TH DISTRICT COURT FROM WILLIAMSON COUNTY
ORDER
PER CURIAM.
Applicant was originally charged with continuous sexual abuse of a child. During his trial, Applicant elected to change his plea, and pleaded guilty to the lesser included offense of aggravated sexual assault of a child. He was sentenced pursuant to a plea agreement to forty years' imprisonment. Applicant did not appeal his conviction. Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant contends, among other things, that trial counsel was ineffective for various reasons. Trial counsel has submitted an affidavit responding to Applicant's allegations. However, it has come to the attention of the Court that an exhibit submitted by Applicant in support of his habeas claims may or may not be a false or fraudulent document. Specifically, Applicant submits an exhibit purporting to be a page of notes taken by him during trial, documenting questions that he asked and the responses allegedly provided to him by trial counsel. The statements made by trial counsel in his affidavit, and the fact that this Court has received similar documents in support of almost identical claims raised in habeas applications filed by other applicants, raises questions about the authenticity of the document.
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). 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 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 Applicant has submitted a false or fraudulent document in support of his application for writ of habeas corpus. 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.