Opinion
NO. WR-88,412-01
06-06-2018
EX PARTE ARTHUR DENNIS GARCIA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W98-18167-P (A) IN THE 203RD DISTRICT COURT FROM DALLAS 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 pleaded guilty to aggravated assault in exchange for four years' deferred adjudication community supervision. He was later adjudicated guilty and sentenced to twenty years' imprisonment. He did not appeal his conviction.
Applicant contends, among other things, that the trial court lacked jurisdiction to adjudicate him guilty, and that his counsel at adjudication rendered ineffective assistance because counsel did not object to the adjudication on the basis that the trial court lacked jurisdiction. Applicant alleges that although the State filed a motion to adjudicate him guilty before the expiration of his period of community supervision, the trial court did not issue a capias before the expiration of that period, thereby losing jurisdiction to adjudicate him guilty. Applicant alleges that his adjudication counsel failed to object or raise this issue during the adjudication proceedings.
This Court has considered Applicant's other claims and finds them to be without merit. --------
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 Applicant's counsel at adjudication 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.
Because Applicant's adjudication in this case occurred in 2008, but he did not file this application until approximately ten years later, there is a possibility that Applicant's claims may be precluded by laches. However, because the record is silent on the circumstances that may excuse this substantial delay, we reserve judgment as to whether laches bars Applicant's request for relief until he is given an opportunity to explain his delayed application. See Ex parte Smith, 444 S.W.3d 661 (Tex. Crim. App. 2014). The trial court shall provide Applicant with the opportunity to explain his delay in seeking habeas relief, and thereafter the trial court shall make findings of fact and conclusions of law as to whether Applicant's claims should be barred by laches. The trial court shall make findings of fact and conclusions of law as to whether Applicant's original four-year period of deferred adjudication community supervision was ever extended, and if it was, the trial court shall supplement the habeas record with documents showing any such extension. The trial court shall also make findings as to whether a capias was ever issued for Applicant's arrest after he was alleged to have violated the terms of his community supervision, and if so, when such capias was issued and executed. The trial court shall also supplement the habeas record with a copy of any such capias. The trial court shall then make findings of fact and conclusions of law as to whether the trial court had jurisdiction to adjudicate Applicant guilty, and as to what the basis for such jurisdiction was. The trial court shall also make findings of fact and conclusions of law as to whether the performance of Applicant's adjudication 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 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 must be requested by the trial court and shall be obtained from this Court. Filed: June 6, 2018
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