Opinion
NO. WR-90,984-01
04-22-2020
EX PARTE EDWARD GUERRA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1526245-A IN THE 230TH DISTRICT COURT FROM HARRIS COUNTY Per curiam. ORDER
Applicant was convicted of aggravated assault of a family member and sentenced to forty-five years' imprisonment. The First Court of Appeals affirmed his conviction. Guerra v. State, No. 01-17-00464-CR (Tex. App.—Houston [1st Dist.] Oct. 16, 2018)(not designated for publication). Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends that trial counsel was ineffective by improperly informing him that he would be sentenced to no more than twenty year's imprisonment if he pleaded guilty, by failing to call character witnesses, and by failing to discuss with Applicant his right to testify on his own behalf. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984). Accordingly, the record should be developed. The trial court is the appropriate forum for findings of fact. TEX. CODE CRIM. PROC. art. 11.07, § 3(d). The trial court shall order trial counsel to respond to Applicant's claim. In developing the record, the trial court may use any means set out in Article 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 wants to be represented by counsel, the trial court shall appoint counsel to represent him at the hearing. See TEX. CODE CRIM. PROC. art. 26.04. If counsel is appointed or retained, the trial court shall immediately notify this Court of counsel's name.
The trial court shall make findings of fact and conclusions of law as to whether trial counsel's performance was deficient and Applicant was prejudiced. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claims.
The trial court shall make findings of fact and conclusions of law within ninety days from the date of this order. The district clerk shall then immediately forward to this Court the trial court's findings and conclusions and the record developed on remand, including, among other things, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from hearings and depositions. See TEX. R. APP. P. 73.4(b)(4). Any extensions of time must be requested by the trial court and obtained from this Court. Filed: April 22, 2020
Do not publish