Opinion
NO. WR-80,751-02
06-15-2016
EX PARTE CHRYSTOPHER DON PRECIADO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W-60196-02-A IN THE 47TH DISTRICT COURT FROM POTTER COUNTY
Per curiam. ALCALA, J., fi led a concurring opinion in which JOHNSON, J., joined. YEARY, J., fi led a concurring opinion in which KEASLER and HERVEY, JJ., joined. 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 this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated robbery and sentenced to forty years' imprisonment. The Seventh Court of Appeals affirmed his conviction. Preciado v. State, 346 S.W.3d 123 (Tex. App.—Amarillo 2011).
Applicant contends, among other things, that he rejected the State's plea offer because trial counsel told him that he could win his case.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Lafler v. Cooper, 132 S. Ct. 1376 (2012); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). 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 order trial counsel to respond to Applicant's claim. The trial court may use any means set out in TEX. CODE CRIM. PROC. art. 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 wishes to be represented by counsel, the trial court shall appoint an attorney to represent him at the hearing. TEX. CODE CRIM. PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether (1) the State made a plea offer; (2) counsel's conduct was deficient; (3) Applicant would have accepted the State's plea offer but for counsel's alleged deficient conduct; (4) the State would not have withdrawn its offer; and (5) the trial court would not have refused to accept the plea bargain. Ex parte Argent, 393 S.W.3d 781, 784 (Tex. Crim. App. 2013). 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 shall be obtained from this Court. Filed: June 15, 2016
Do not publish