Opinion
NO. WR-84,507-01
03-23-2016
EX PARTE JESUS TRANQUILINO CORTEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 05-CR-2638-G IN THE 319th DISTRICT COURT FROM NUECES COUNTY Per curiam. 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 three counts of murder and one count of aggravated assault. He was sentenced to ninety-nine years' imprisonment for each murder and twenty years' imprisonment for the aggravated assault. The Thirteenth Court of Appeals affirmed his convictions. Cortez v. State, No. 13-06-00398-CR (Tex. App.—Corpus Christi-Edinburg Aug. 28, 2008) (not designated for publication).
Applicant raises eighteen grounds contending, among other things, that his trial and appellate counsel rendered ineffective assistance.
The habeas court recommended dismissing the writ application for non-compliance. Though habeas counsel appears to have generated her own version of the form, it does not run afoul of any of the rules of the form. The findings fault counsel for not verifying the application, but Applicant's inmate declaration is sufficient. Ex parte Rendon, 326 S.W.3d 221, 225 (Tex. Crim. App. 2010).
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). 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. The trial court shall order trial and appellate counsel to respond to Applicant's claims 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.
It appears that Applicant is represented by counsel. If the trial court elects to hold a hearing, it shall determine if Applicant is represented by counsel, and if not, 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 as to whether the performance of Applicant's trial and appellate counsel was deficient and, if so, whether deficient performance prejudiced Applicant, either at trial or on appeal. 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: March 23, 2016
Do not publish