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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-88,857-01 EX PARTE REBECA RENTERIA, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 58-14-B(A) IN THE 25TH DISTRICT COURT FROM GONZALES 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 injury to a child and sentenced to life imprisonment. The Thirteenth Court of Appeals affirmed her conviction. Renteria v. State, No. 13-15-00574-CR (Tex. App. Corpus Christi-Edinburg Aug. 3, 2017)(not designated for publication). Applicant contends that her trial counsel rendered ineffective assistance by failing to request payment for an expert, failing to hire a medical expert, failing to object from testimony from a caseworker and the complainant’s foster mother, failing to properly prosecute a motion to suppress 2 and failing to investigate and present an adequate defensive theory. Applicant has alleged facts that, if true, might entitle her 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 claims of ineffective assistance of counsel. The trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d). In the appropriate case, the trial court may rely on its personal recollection.
Id. It appearsthat Applicant is represented by counsel. If the trial court elects to hold a hearing, it shall determine if Applicant is represented by counsel, and if not, 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 3 be requested by the trial court and shall be obtained from this Court. Filed: SEPTEMBER 12, 2018 Do not publish
Document Info
Docket Number: WR-88,857-01
Filed Date: 9/12/2018
Precedential Status: Precedential
Modified Date: 9/13/2018