Opinion
WR-91,840-04
02-14-2024
EX PARTE JOSE RAUL REYNA, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 20-0019CR IN THE 278TH DISTRICT COURT FROM LEON COUNTY
ORDER
Per curiam
Applicant pleaded guilty to unlawful possession of a firearm by a felon and was sentenced to twelve years' imprisonment. Applicant attempted to appeal the trial court's denial of his pre-trial motion to suppress, but the appeal was dismissed because Applicant waived his right to appeal by pleading guilty pursuant to a plea bargain. Reyna v. State, No. 10-23-00200-CR (Tex. App.-Waco July 26, 2023) (not designated for publication). Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant contends, among other things, that trial counsel was ineffective for incorrectly advising him regarding his right to appeal the ruling on the pre-trial motion to suppress. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Morrow, 952 S.W.2d 530 (Tex. Crim. App. 1997). This application was remanded to the trial court and an affidavit was obtained from trial counsel. In this affidavit, trial counsel states that "[t]he State offered Mr. Reyna eight (8) years TDCJ-ID in exchange for a plea of guilty and a waiver of appeal. . . . Mr. Reyna, believing it was more beneficial to him, countered the State's offer with 12 years TDCJ-ID. The State agreed to Mr. Reyna's offer." We remand this application for a second time for the trial court to obtain a supplemental affidavit from trial counsel. Trial counsel shall explain the inconsistency in his initial affidavit, and state why it was beneficial for Applicant to plead guilty for twelve years TDCJ, when the initial offer was eight years TDCJ. Counsel shall also state whether he specifically told Applicant that by pleading guilty he was waiving his right to appeal the pre-trial motion to suppress.
The trial court shall make supplemental findings of fact and conclusions of law as to whether trial counsel's performance was deficient and Applicant was prejudiced. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claim.
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.