Opinion
NO. WR-86,675-01 NO. WR-86,675-02
06-07-2017
EX PARTE FREDDY GONZALEZ, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. W08-59155-Y(A) AND W08-59154-7(A) IN THE CRIMINAL DISTRICT COURT NO. 7 FROM DALLAS COUNTY
Per curiam. KEASLER, J., not participating. 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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant entered open pleas of guilty to two charges of aggravated robbery and was sentenced to fifty years' imprisonment for each charge, to run concurrently. The Fifth Court of Appeals affirmed his convictions. Gonzalez v. State, Nos. 05-12-00072-CR and 05-12-00071-CR (Tex. App. — Dallas, July 5, 2013) (not designated for publication).
Applicant contends in these applications that his trial counsel rendered ineffective assistance, resulting in involuntary pleas of guilty to both charges. The trial court entered an order designating issues, and conducted a habeas hearing on March 31, 2017. The record, including a transcript of the habeas hearing, but not including any findings of fact and conclusions of law from the trial court was forwarded to this Court and received on April 17, 2017. On May 10, 2017, this Court denied relief in both cases without written order.
On the same date this Court denied relief, Applicant's habeas counsel filed a suggestion for reconsideration on the Court's own motion. According to Applicant, the special writ master who conducted the habeas hearing told the parties that they should not file proposed findings of fact, because the writ master would either be filing findings of fact and conclusions of law before the impending 180-day deadline, or would be requesting an extension of time from this Court in order to do so. Apparently, the writ master did neither, and this Court received the record without any findings of fact from the trial court or proposed findings of fact from the parties. Applicant asks this Court to reconsider on its own motion the denial and remand the cases to the trial court to obtain findings of fact and conclusions of law.
Because the trial court prevented the parties from submitting proposed findings of fact and did not make any findings as to the credibility of the witnesses who testified at the habeas hearing, we believe that it is appropriate in this situation to withdraw the denial and remand the matter to the trial court.
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 findings of fact and conclusions of law as to whether Applicant's pleas of guilty were knowingly and voluntarily entered. 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.
These applications will be held in abeyance until the trial court has resolved the factual issues and entered findings of fact and conclusions of law. A supplemental transcript containing any proposed findings of fact submitted by the parties, along with the trial court's findings of fact and conclusions of law, shall be forwarded to this Court within 30 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 7, 2017
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