Opinion
WR-84,267-02
01-10-2024
EX PARTE MANUEL JAVIER PEREZ, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR37715-B IN THE 385TH DISTRICT COURT FROM MIDLAND COUNTY
ORDER
PER CURIAM
A jury convicted Applicant of two counts of aggravated sexual assault of a child and one count of indecency with a child by contact and assessed prison terms. The Eleventh Court of Appeals affirmed the convictions. Perez v. State, No. 11-11 -00247-CR (Tex. App.-Eastland Sep. 30, 2013) (not designated for publication). This Court denied Applicant's initial application for a writ of habeas corpus. See TEX. CODE CRIM. PROC. art. 11.07; Ex parte Perez, No. WR-84,267-02 (Jan. 20, 2016). Through habeas counsel, Applicant filed a subsequent application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court.
In the subsequent habeas application, Applicant presents two grounds for relief based on the 2019 revelation that former assistant district attorney Ralph Petty had an ongoing conflict of interest. See Ex parte Young, No. WR-65,137-05 (Tex. Crim. App. Sep. 22, 2021) (not designated for publication). Applicant also presents one ground for relief raising a Brady claim based on new evidence obtained through Public Information Act Requests. See Brady v. Maryland, 373 U.S. 83 (1963).
There are no findings from the trial court. The trial court is the appropriate forum for findings of fact and shall develop the record. TEX. CODE CRIM. PROC. art. 11.07, § 3(d). The trial court may use any means set out in Article 11.07, § 3(d). The trial court shall make findings of fact and conclusions of law resolving the disputed factual issues.
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.