Opinion
NO. WR-87,329-02 NO. WR-87,329-03
12-06-2017
EX PARTE EDWARD FERNANDEZ MEDRANO, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. CR35988A AND CR36058A IN THE 238TH DISTRICT COURT FROM MIDLAND 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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three offenses of indecency with a child by exposure, and his sentences were cumulated to eight years in prison. The Eleventh Court of Appeals affirmed the convictions. Medrano v. State, Nos. 11-12-00222-CR and No. 11-12-00223-CR (Tex. App.—Eastland del. Jul. 3, 2014).
Applicant filed in the trial court in 2015 habeas applications and supplements to those applications. He requested late petitions for discretionary review and challenged the merits of the convictions. The trial court entered orders designating issues, but the habeas records forwarded to this Court do not contain findings resolving the disputed factual issues.
Applicant has alleged facts that, if true, might entitle him to relief. 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 resolve the disputed factual issues. To do so, the trial court may use any means set out in TEX. CODE CRIM. PROC. art. 11.07, § 3(d). In the appropriate case, the trial court may rely on its personal recollection. Id.
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.
The trial court shall make findings of fact and conclusions of law in regard to Applicant's claims. 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.
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: December 6, 2017
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