Opinion
WR-94,886-01
06-28-2023
EX PARTE MAURICE HOWARD JOHNSON, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1440868-A IN THE 182ND DISTRICT COURT FROM HARRIS COUNTY
ORDER
PER CURIAM.
Applicant pleaded guilty to sexual assault of a child and was sentenced to three years' imprisonment. He did not appeal his conviction. 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 he is actually innocent because the sole complaining witness has recanted. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996). 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). In developing the record, the trial court may use any means set out in Article 11.07, § 3(d). Applicant appears to be represented by counsel. If he is not, the trial court shall determine whether he is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent him at the hearing. See Tex. Code Crim. Proc. art. 26.04.
The trial court shall conduct a live evidentiary hearing at which the complainant shall be called to testify. The trial court shall then make specific findings as to the credibility of the complaining witness's testimony at the live evidentiary hearing. The trial court shall also make findings of fact and conclusions of law as to whether Applicant is actually innocent. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claim.
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.