Huerta, Benjamin Martinez ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,508-02
IN RE BENJAMIN MARTINEZ HUERTA, Relator
ON APPLICATION FOR A WRIT OF MANDAMUS
CAUSE NO. CR18465-A IN THE 271ST DISTRICT COURT
FROM WISE COUNTY
Per curiam.
ORDER
Relator has filed a motion for leave to file an application for a writ of mandamus under this
Court’s original jurisdiction. He complains that the trial court is not complying with a remand order
from this Court.
Relator filed a habeas application in the trial court. He alleged that his guilty plea was
involuntary due to the ineffective assistance of his trial counsel. He provided evidentiary support.
The trial court forwarded the habeas application to this Court without a response from trial counsel
or findings. This Court remanded the application to the trial court to obtain a response from trial
counsel and enter findings. The trial court sought and received two extensions of time to comply
with the remand order. The trial court later filed findings of fact and conclusions of law, but there
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is no response from trial counsel in the habeas record supplied to this Court. As this Court stated in
the remand order, to obtain the response, the trial court may use any means set out in Article 11.07,
§ 3(d), of the Texas Code of Criminal Procedure.
Respondent, the Judge of the 271st District Court, shall have the record to this Court
supplemented with trial counsel’s response or indicate why a response cannot be obtained. The trial
court shall comply with this Court’s order within forty-five days of the date of its filing. This motion
for leave to file will be held until Respondent has complied with this order.
Filed: October 7, 2020
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