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Ex parte Reyna

COURT OF CRIMINAL APPEALS OF TEXAS
Apr 28, 2021
NO. WR-92,539-01 (Tex. Crim. App. Apr. 28, 2021)

Opinion

NO. WR-92,539-01 NO. WR92,539-02

04-28-2021

EX PARTE JESSE REYNA, Applicant


ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. D-18-2471-CR & D-18-2472-CR IN THE 358TH DISTRICT COURT FROM ECTOR COUNTY Per curiam. ORDER

Applicant pleaded guilty to aggravated assault and evading arrest and was sentenced to twenty years and ten years' imprisonment. Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant contends that his plea was involuntary because trial counsel failed to properly investigate and the State withheld favorable evidence from the defense. Applicant has alleged facts that, if true, might entitle him to relief. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781 (Tex. Crim. App. 2013). 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). The trial court shall order trial counsel to respond to Applicant's claims. In developing the record, the trial court may use any means set out in Article 11.07, § 3(d). If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. It appears Applicant is represented by counsel. If Applicant is indigent and wants to be represented by counsel, the trial court shall appoint counsel to represent him at the hearing. See TEX. CODE CRIM. PROC. art. 26.04. If counsel is appointed or retained, the trial court shall immediately notify this Court of counsel's name.

The trial court shall make findings of fact and conclusions of law as to whether trial counsel's performance was deficient and Applicant would have insisted on a trial but for counsel's alleged deficient performance. The trial court shall also make findings regarding Applicant's claim that the prosecution withheld favorable evidence from the defense. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claims.

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. Filed: April 28, 2021
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Summaries of

Ex parte Reyna

COURT OF CRIMINAL APPEALS OF TEXAS
Apr 28, 2021
NO. WR-92,539-01 (Tex. Crim. App. Apr. 28, 2021)
Case details for

Ex parte Reyna

Case Details

Full title:EX PARTE JESSE REYNA, Applicant

Court:COURT OF CRIMINAL APPEALS OF TEXAS

Date published: Apr 28, 2021

Citations

NO. WR-92,539-01 (Tex. Crim. App. Apr. 28, 2021)