Opinion
NO. WR-91,234-01 NO. WR-91,234-02 NO. WR-91,234-03 NO. WR-91,234-04
07-22-2020
EX PARTE THADDEUS ANTHONY GUERRA, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 12,909-A, 12,910-A, 12,911-A & 12,949-A IN THE 32ND DISTRICT COURT FROM NOLAN COUNTY Per curiam. ORDER
Applicant was convicted of evading arrest, possession of a controlled substance in a school zone, and two charges of manufacture or delivery of controlled substance. He was sentenced to twenty-five years' imprisonment, five years' imprisonment, seven years' imprisonment, and ten years' imprisonment. The sentence for possession of a controlled substance in a school zone was ordered to run consecutive to the other sentences. TEX. HEALTH & SAFETY CODE § 481.134(h). Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends that his plea was involuntary and counsel was ineffective because his guilty plea did not contemplate one of the sentences running consecutively, and because counsel took no action to withdraw his plea when this became evident. Applicant has alleged facts that, if true, might entitle him to relief. Hill v. Lockhart, 474 U.S. 52, 60 (1985). 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 claims. 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 Applicant's plea was involuntary. The trial court shall make specific findings addressing Applicant's claim that he did not know he would be subject to consecutive sentences and that his plea agreement did not contemplate consecutive sentences. 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: July 22, 2020
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