Opinion
WR-95,064-01
11-08-2023
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 14-CRD-52-A IN THE 229TH DISTRICT COURT FROM DUVAL COUNTY
ORDER
PER CURIAM.
Applicant was convicted of aggravated assault with a deadly weapon and sentenced to thirty-five years' imprisonment. The Fourth Court of Appeals dismissed the appeal at Applicant's request. Trigo v. State, No. 04-15-00080-CR (Tex. App.-San Antonio Aug. 26, 2015). 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.
The district clerk originally forwarded this application before the trial court had a chance to investigate the claims made, so this Court remanded the application. After the remand, the trial court signed agreed findings of fact. The parties and trial court agreed that Applicant is entitled to relief based on an involuntary plea due to ineffective assistance of counsel. We disagree.
The record, as it stands, does not support a recommendation to grant relief. Also, there is no indication that trial counsel was given the opportunity to respond to these allegations. While the State Bar website shows trial counsel is not eligible to practice law, there is no indication that he was given notice of these allegations against his representation, or given the chance to respond.
Applicant has alleged facts that, if true, might entitle to relief. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781 (Tex. Crim. App. 2013). In these circumstances, additional facts are needed. 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 claim. In developing the record, the trial court may use any means set out in Article 11.07, § 3(d).
The trial court shall make supplemental 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.