Opinion
NO. WR-85,106-01
10-12-2016
EX PARTE BETTIE RUTH RAMIREZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 10-09 IN THE 25TH DISTRICT COURT FROM GONZALES COUNTY
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 murder, serious bodily injury to a child, and injury to a child, and sentenced to life in prison for the murder charge, ninety-nine years' imprisonment for the serious bodily injury to a child charge, and ten years' imprisonment for the injury to a child charge, to be served concurrently. The Thirteenth Court of Appeals affirmed her convictions. Ramirez v. State, No. 13-09-00073-CR (Tex. App. —Corpus Christi-Edinburg, Aug. 31, 2010) (not designated for publication).
On September 21, 2016, this application was remanded to the trial court to make findings as to whether Applicant's plea as to Count II was involuntary, whether her convictions violate double jeopardy, and whether trial counsel's performance was deficient. It has now come to our attention that there are discrepancies in Applicant's 11.07 form. For example, the inmate's declaration states that Applicant is presently incarcerated in the Darrington Unit, which is a male prison. Therefore, this Court orders the trial court to hold a live hearing to determine whether or not Applicant's application, specifically, the sworn inmate's declaration, was signed by Applicant.
The trial court 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 is ordered to stay all proceedings on the original remand pending resolution of this issue. This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 30 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 60 days of the date of this order. Any extensions of time shall be obtained from this Court. Filed: October 12, 2016
Do not publish