Opinion
NO. WR-85,042-01
06-15-2016
EX PARTE JOEL GARCIA CATALAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W08-62859-X(A) IN THE CRIMINAL DISTRICT COURT NO. 6 FROM DALLAS COUNTY
Per curiam. ALCALA, J., filed a concurring opinion in which JOHNSON, J. joined. YEARY, J., filed a concurring opinion, in which KEASLER and HERVEY, JJ., joined. 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to thirty years' imprisonment. He did not appeal his conviction.
Applicant contends, among other things, that his plea was involuntary because counsel did not investigate his self defense claim, and because he was misled as to the agreed punishment in the plea bargain. Applicant has alleged facts that, if true, might entitle him to relief. 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. In this case, the trial court entered findings recommending summary dismissal based on the doctrine of laches. However, this finding is not supported by the record, which contains no specific allegation or proof of harm to the State. The trial court shall order trial counsel 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 and conclusions of law in regard to Applicant's claims that his plea was involuntary due to counsel's errors. Should the trial court find that counsel erred, it shall also make findings determining whether, but for counsel's errors, Applicant would have insisted on a jury trial. 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 claims 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. 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 forwarded to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court. Filed: June 15, 2016
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