Obreagon, Alexis Rene ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-78,370-04
EX PARTE ALEXIS RENE OBREAGON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1130245-B IN THE 178TH DISTRICT COURT
FROM HARRIS 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 aggravated
kidnapping and sentenced to sixty years’ imprisonment. The Fourteenth Court of Appeals affirmed
his conviction. Obreagon v. State, No. 14-08-01058-CR (Tex. App.—Houston [14th Dist.] Jan. 7,
2010) (not designated for publication).
Applicant contends, among other things, that trial counsel failed to convey a plea offer of
fifteen years.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
2
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. 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 him 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 State
made a plea offer of fifteen years, counsel timely conveyed that offer to Applicant, Applicant would
have accepted the offer, the State would have withdrawn it, and the trial court would have accepted
it. See Missouri v. Frye, 132 S. Ct. 1399, 1409 (2012). The trial court shall then determine whether
counsel’s conduct was deficient and Applicant was prejudiced. 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 shall
be obtained from this Court.
Filed: September 28, 2016
Do not publish