Deleon-Rocha, Jose Maria ( 2017 )


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  •             IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NOS. WR-87,437-01, WR-87,437-02 & WR-87,437-03
    EX PARTE JOSE MARIA DELEON-ROCHA, Applicant
    ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
    CAUSE NOS. 2-12-558, 2-12-559 & 2-12-560
    IN THE 382ND DISTRICT COURT
    FROM ROCKWALL 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 writs of habeas corpus. Ex
    parte Young, 
    418 S.W.2d 824
    , 826 (Tex. Crim. App. 1967). Applicant was convicted of intoxication
    assault with a vehicle causing serious bodily injury and two charges of aggravated assault with a
    deadly weapon. He was sentenced to seven years’ imprisonment for intoxication assault and twelve
    years’ imprisonment for each aggravated assault. He did not appeal his convictions.
    Applicant contends, among other things, that his trial counsel rendered ineffective assistance
    because counsel wrongly advised him as to the applicable range of punishment in these cases and
    2
    did not discover that the charges arose from conduct that occurred in Dallas County.
    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 must
    be requested by the trial court and shall be obtained from this Court.
    Filed: October 18, 2017
    Do not publish
    

Document Info

Docket Number: WR-87,437-02

Filed Date: 10/18/2017

Precedential Status: Precedential

Modified Date: 10/19/2017