Perez, Juan Francisco ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-87,600-01
EX PARTE JUAN FRANCISCO PEREZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 16CR1088-83-1 IN THE 56TH DISTRICT COURT
FROM GALVESTON 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 tampering with
a government record and sentenced to two years’ imprisonment.
This application was previously remanded to the trial court to resolve a factual issue that was
not addressed in counsel’s first affidavit. Counsel, it appears, filed a second affidavit, but it is not
signed or notarized. The trial court’s findings rely on the second affidavit in resolving the disputed
factual issues. However, because of the deficiency in the affidavit, the disputed issues remain
unresolved.
2
The application is remanded a second time for the trial court to resolve whether counsel
discussed with Applicant that his plea agreement was for him to go to prison for two years, not
deportation or removal from the United States after which he would be required to stay out of the
country for two years. 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.
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 in regard to Applicant’s
claim that his plea was involuntary. 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: March 28, 2018
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