Opinion
NO. WR-80,391-03
02-14-2018
EX PARTE CLARENCE W. CURL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 10-0994-CR IN THE 2 25 DISTRICT COURT FROM GUADALUPE 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 ten counts of aggravated sexual assault of a child and eleven counts of sexual performance of a child. He was sentenced to life for each of the aggravated charges and ten years' imprisonment for the sexual performance counts. The Fourth Court of Appeals affirmed his convictions. Curl v. State, No. 04-11-00560-CR (Tex. App.-San Antonio Aug. 22, 2012).
Applicant contends that his trial counsel rendered ineffective assistance by failing to object to the investigating officer testifying as an expert, failing to develop the record regarding communications between Applicant and the complainant, failing to develop the record regarding other possible false accusations made by the complainant, and failing to present any mitigating evidence at punishment. He also alleges that the prosecution knowingly elicited inadmissible testimony.
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 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).
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 as to whether the performance of Applicant's trial counsel was deficient and, if so, whether counsel's deficient performance prejudiced Applicant. 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 claim 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 must be requested by the trial court and shall be obtained from this Court. Filed: February 14, 2018
Do not publish