Opinion
WR-95,546-01
05-22-2024
EX PARTE YOERLAN SUAREZ-CORRALES, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 114-1659-18-A, IN THE 114TH DISTRICT COURT FROM SMITH COUNTY
ORDER
Per curiam.
Applicant was convicted of engaging in organized criminal activity and sentenced to life imprisonment. The Court of Appeals affirmed his conviction. Suarez-Corrales v. State, No. 12-19-00041-CR (Tex. App.-Tyler Aug. 18, 2020)(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 that trial counsel was ineffective because he failed to investigate and present witnesses at the sentencing hearing. Applicant has alleged facts that, if true, might entitle to relief. Strickland v. Washington, 466 U.S. 668 (1984). 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).
According to the filings of both the State and Applicant, hearings were held and testimony was presented in this habeas application in November of 2023, but the transcript of any such hearings were not forwarded to this Court. Under Article 11.07 of the Texas Code of Criminal Procedure, a reporter is required to transcribe a hearing within fifteen days of its conclusion and then to immediately forward the transcript to the district clerk in the county of conviction. Id. at § 3(d). After receiving the transcript, the district clerk is required to forward it, among other things, to this Court. Id.; see also Tex. R. App. P. 73.4(b)(4).
On March 11, 2024, this Court issued an order to have the district clerk send the hearing transcripts, but the clerk has not responded. The Court did receive a response from court reporter Shawna Hicks, stating that no transcripts exist for the dates given in the order (which were taken from the State's supplemental answer). However, both the State and Applicant refer to testimony from the hearing and actually cite the hearing transcripts in their answers and objections. So clearly there was a hearing and transcripts do exist. Those transcripts need to be sent to this Court.
The trial court shall ensure that the transcripts from any habeas hearings in this case are forwarded to this Court. The trial court shall also make 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 allegations.
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.