Castro, Johnny ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,111-01
EX PARTE JOHNNY CASTRO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-12-904069-A IN THE 403RD DISTRICT COURT
FROM TRAVIS COUNTY
Per curiam. Alcala, J., filed a concurring opinion.
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 capital murder
and injury to a child, and he was sentenced to incarceration. He was also charged with and convicted
of felony murder. The Third Court of Appeals set aside the felony murder conviction, but it affirmed
the convictions for capital murder and injury to a child. Castro v. State, No. 03-12-00730-CR (Tex.
App.—Austin del. Mar. 13, 2015).
Applicant raises several claims in his habeas application, including claims of ineffective
assistance of trial and appellate counsel. He has alleged facts that, if true, might entitle him to relief.
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Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex.
Crim. App. 1999). There is no response from trial or appellate counsel in the record provided to this
Court. 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 and appellate counsel to respond to Applicant’s claims of
ineffective assistance by explaining counsels’ representation of Applicant, including applicable
strategy and tactical decisions. To obtain the responses, 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 regarding the claims raised
in the habeas application. The trial court may also make any other findings of fact and conclusions
of law it deems relevant and appropriate to the disposition of Applicant’s claims 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 be
obtained from this Court.
Filed: March 28,2018
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