Opinion
NO. WR-78,357-01 NO. WR-78,357-02 NO. WR-78,357-03
09-26-2012
EX PARTE FERNANDO RODRIGUEZ-PADILLA, Applicant
ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS
CAUSE NOS. F-9430604-QT, F-9430605-QT & F-9430606-QT
IN THE 283RD DISTRICT COURT
FROM DALLAS COUNTY
Per curiam .
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three counts of delivery of marihuana and sentenced to three years' imprisonment on each count. He did not appeal his convictions.
Applicant contends that because he was a juvenile when he committed these offenses, the trial court lacked jurisdiction. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Waggoner, 61 S.W.3d 429 (Tex. Crim. App. 2001). In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. The trial court may use any means set out in TEX. CODE CRIM. PROC. art. 11.07, § 3(d).
Applicant appears to be represented by counsel. If he is not and the trial court elects to hold a second hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent him at the hearing. TEX. CODE CRIM. PROC. art. 26.04.
The trial court shall first make findings of fact and conclusions of law as to whether Applicant is suffering collateral consequences. TEX. CODE CRIM. PROC. art. 11.07, § 3(c); Ex parte Harrington, 310 S.W.3d 452 (Tex. Crim. App. 2012). The trial court shall specifically determine whether these convictions elevated Applicant's punishment range in a federal conviction for illegal reentry and, if so, whether Applicant continues to serve his sentence for illegal reentry. The trial court shall then determine whether the trial court lacked jurisdiction. The trial court shall also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claim for habeas corpus relief.
These applications will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court. Do not publish