Martinez, Petronilo Alcala ( 2015 )


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  •               IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-83,440-01
    EX PARTE PETRONILO ALCALA MARTINEZ, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. B18043-0905 IN THE 242ND DISTRICT COURT
    FROM HALE 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 this application for a writ of habeas corpus. Ex parte
    Young, 
    418 S.W.2d 824
    , 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated
    assault and sentenced to twenty years’ imprisonment. The Seventh Court of Appeals affirmed his
    conviction. Martinez v. State, No. 07-12-0189-CR (Tex. App.—Amarillo Oct. 19, 2012)(not
    designated for publication).
    Applicant contends, among other things, that his trial counsel rendered ineffective assistance
    because counsel failed to give Applicant notice of the revocation hearing until the day of the hearing,
    2
    rushed Applicant to sign papers which Applicant signed under duress, failed to advise Applicant of
    the revocation process, failed to prepare a defense, and failed to call Applicant’s father, who was
    present and ready to testify, as a witness at the hearing.
    Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
    
    466 U.S. 668
    (1984); Ex parte Patterson, 
    993 S.W.2d 114
    , 115 (Tex. Crim. App. 1999). 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
    shall order trial counsel to respond to Applicant’s claim of ineffective assistance of counsel. The
    trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
    If the trial court elects to hold a 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 Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
    The trial court shall make findings of fact and conclusions of law as to whether the
    performance of Applicant’s trial counsel was deficient and, if so, whether counsel’s deficient
    performance prejudiced Applicant. 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.
    This application 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
    3
    be obtained from this Court.
    Filed: July 29, 2015
    Do not publish
    

Document Info

Docket Number: WR-83,440-01

Filed Date: 7/29/2015

Precedential Status: Precedential

Modified Date: 9/16/2015