Opinion
WR-94,201-01
10-26-2022
EX PARTE ANTONIO SALAZAR TORRES, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1720 IN THE 109TH DISTRICT COURT FROM CRANE COUNTY
ORDER
Per Curiam
Applicant pleaded guilty to aggravated sexual assault of a child and was placed on deferred adjudication probation. A few years later, the State filed a motion to proceed with an adjudication of guilt, alleging twelve violations of probation. The trial court found eleven of the twelve violations true, entered an adjudication of guilt, and then sentenced Applicant to twenty years' imprisonment. The Eighth Court of Appeals affirmed his conviction. Torres v. State, No. 08-19-00214-CR (Tex. App.-El Paso, Jul. 9, 2021) (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 his guilty plea was involuntary because plea counsel failed to investigate, failed to prepare a defense, and advised him to take the State's plea offer because there was nothing that could be done in the case. Applicant also contends that plea counsel failed to adequately advise him regarding his appellate rights, including specifically that he could challenge the juvenile court's certification proceedings by way of direct appeal. Applicant has alleged facts that, if true, might entitle him to relief. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Axel, 757 S.W.2d 369, 374 (Tex. Crim. App. 1988). 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 counsel, Tony Chavez, 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). It appears that Applicant is represented by counsel. If the trial court elects to hold a hearing, it shall determine if Applicant is represented by counsel, and if not, 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. See Tex. Code Crim. Proc. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether plea counsel's performance was deficient and Applicant would have insisted on a trial but for counsel's alleged deficient performance. The trial court shall make specific findings as to whether counsel advised Applicant that he could appeal the transfer of jurisdiction from the juvenile court to the criminal district court and if so, what advice counsel gave Applicant as to when such an appeal had to be made. 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.