Montez, Raymond Soliz AKA Montes, Raymond Solis ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,828-01
EX PARTE RAYMOND SOLIS MONTEZ
AKA RAYMOND SOLIS MONTES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 18-01-12687-1-CR IN THE 38TH DISTRICT COURT
FROM MEDINA COUNTY
Per curiam.
ORDER
Applicant pleaded no contest to deadly conduct and, after his community supervision
revocation, was sentenced to three years’ imprisonment. 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, among other things, that his plea was involuntary because trial counsel
did not investigate the facts and applicable law. Applicant has alleged facts that, if true, might entitle
him to relief. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Moody, 991 S.W.2d 856 (Tex. Crim.
App. 1999). Accordingly, the record should be developed. The trial court is the appropriate forum
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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). It appears that Applicant is represented by counsel. If the trial court
elects to hold a hearing, it shall determine if Applicant is represented by counsel, and if not, 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.
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 trial counsel’s
performance was deficient at the initial plea proceedings and Applicant would have insisted on a trial
but for counsel’s alleged deficient performance. The trial court may make any other findings and
conclusions that it deems appropriate in response to Applicant’s claims.
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: August 25, 2021
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