Martinez, Fidel Angel ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-92,587-01, WR-92,587-02, WR-92,587-03 & WR-92,587-04
EX PARTE FIDEL ANGEL MARTINEZ, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 1073633-A, 1073634-A, 1073636-A & 1073635-A
IN THE 209TH DISTRICT COURT FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant was convicted of murder and three charges of attempted murder. He was sentenced
to forty years’ imprisonment for murder and to twenty years’ imprisonment in each attempted
murder. Applicant filed these applications for writs of habeas corpus in the county of conviction, and
the district clerk forwarded them to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
In five grounds for relief, Applicant contends that his plea was involuntary because counsel
ignored his demands for a jury trial and, against his wishes, insisted he plead guilty to the charges.
Applicant has alleged facts that, if true, might entitle him to relief. Brady v. United States, 397 U.S.
742 (1970). 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 trial
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counsel 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). If the trial court elects to hold a hearing, it shall determine
whether Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the
trial court shall appoint counsel to represent him at the hearing. See TEX . CODE CRIM . PROC. art.
26.04. If counsel is appointed or retained, the trial court shall immediately notify this Court of
counsel’s name.
The trial court shall make findings of fact and conclusions of law as to whether Applicant’s
plea was involuntary. 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.
Filed: June 9, 2021
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