Guzman, Bartholomew Antonio ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-75,864-05
EX PARTE BARTHOLOMEW ANTONIO GUZMAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1053411-B IN THE 262ND DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. YEARY , J., filed a concurring opinion in which SLAUGHTER, J., joined.
ORDER
Applicant was convicted of causing serious bodily injury to a child and sentenced to ninety
years’ imprisonment. The First Court of Appeals affirmed his conviction. Guzman v. State, No. 01-
06-00946-CR (Tex. App.—Houston [1st Dist] Feb. 7, 2008) (not designated for publication).
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 alleges that the State presented false testimony at trial and relies on the statutory
basis in Texas Code of Criminal Procedure Article 11.073 to assert that new scientific evidence has
emerged that contradicts the scientific evidence relied upon by the State at trial.
2
Applicant has alleged facts that, if true, might entitle him to relief. TEX . CODE CRIM . PROC.
art. 11.073; Ex parte Chabot, 300 S.W.3d 768 (Tex. Crim. App. 2009). 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). 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 State’s
expert witness testimony was false, and if so, whether the error contributed to Applicant’s
conviction. The trial court shall also make findings of fact and conclusions of law as to whether the
information included in the report of Dr. Harry J. Bonnell is based on relevant scientific evidence
which was not available at the time of Applicant’s trial, whether the scientific evidence would be
admissible under the Texas Rules of Evidence at a trial held on the date of the application, and
whether, had the scientific evidence been presented at trial, by a preponderance of the evidence
Applicant would not have been convicted. TEX . CODE CRIM . PROC. art. 11.073. 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
3
by the trial court and obtained from this Court.
Filed: February 8, 2023
Do not publish