Rodriguez, Alan ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,491-01
EX PARTE ALAN RODRIGUEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 20160D04845-409-1 IN THE 409TH DISTRICT COURT
FROM EL PASO COUNTY
Per curiam.
ORDER
Applicant was convicted of murder and sentenced to fifty years’ imprisonment. Applicant
did not appeal his conviction. 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 guilty plea was involuntary because trial counsel misinformed
him that the death penalty was available if he proceeded to trial. Applicant has alleged facts that,
if true, might entitle him to relief. Brady v. United States, 397 U.S. 742 (1970); Ex parte Moody,
991 S.W.2d 856, 857–58 (Tex. Crim. App. 1999). Accordingly, the record should be developed.
The trial court is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, §
2
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 Applicant’s
plea was involuntary. The trial court shall also make specific findings as to whether the State filed
its “Notice Not to Seek the Death Penalty” prior to its fifty-year plea offer. 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: March 2, 2022
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