Gonzales, Louis Fred ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,440-09
EX PARTE LOUIS FRED GONZALES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. B20764-1806 IN THE 242ND DISTRICT COURT
FROM HALE COUNTY
Per curiam.
ORDER
Applicant was convicted of theft and sentenced to 4 years’ imprisonment. The Seventh Court
of Appeals dismissed his appeal for want of jurisdiction. Gonzales v. State, No. 07-10-00358-CR
(Tex. App.— Amarillo, Nov. 6, 2019). Applicant filed this application for a writ of habeas corpus
in the county of conviction, and the district clerk forwarded it to this Court. See TEX . CODE CRIM .
PROC. art. 11.07.
Applicant contends that his plea was involuntary, or that the plea agreement was breached,
because the plea agreement was conditioned on his Lubbock County theft charge being dismissed,
but the charge was not dismissed. Applicant has alleged facts that, if true, might entitle him to relief.
Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985); cf. Wilkins v. State, 574 S.W.2d 106, 108
2
(Tex. Crim. App. 1978). Accordingly, the record should be developed. The trial court is the
appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court
shall order trial counsel to respond to Applicant’s claim. In developing the record, the trial court
may use any means set out in Article 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 wants to be represented by
counsel, the trial court shall appoint counsel to represent him at the hearing. See TEX . CODE CRIM .
PROC . art. 26.04. If counsel is appointed or retained, the trial court shall immediately notify this
Court of counsel’s name.
The trial court shall make findings of fact and conclusions of law as to whether the plea
agreement was conditioned on the dismissal of a Lubbock County theft charge, and if so, whether
the charge was dismissed as provided in the agreement. The trial court may make any other findings
and conclusions that it deems appropriate in response to Applicant’s claim.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: October 28, 2020
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