Esparza, Juan Melecio ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. 70,204-03
EX PARTE JUAN MELECIO ESPARZA, Applicant
ON APPLICATION FOR WRIT OF HABEAS CORPUS
CAUSE NO. F-2005-2101-C WHC 3
IN THE 211TH DISTRICT COURT FROM DENTON COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and
sentenced to seventy-five years’ imprisonment. The Second Court of Appeals affirmed his
conviction in Esparza v. State, No. 02-08-00326-CR (Tex. App.—Fort Worth, Oct. 1, 2009)(not
designated for publication).
In the present subsequent application, Applicant raises multiple grounds for challenging his
conviction. This application, however, present a more serious question. Applicant alleges that he
is innocent and that he has newly discovered evidence to support his ineffective assistance of counsel
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claims raised in his prior writ application. In support of his allegations, Applicant submitted an
affidavit, purporting to be from one of the victim’s relatives, in which she claims that the gun
belonged to the victim, that Applicant and the victim did not have a rocky relationship, and that the
victim was attempting to commit suicide and, during a struggle over the gun, Applicant accidentally
shot the victim in the head. It is unclear from the face of this document if it is accurate and reliable
or improperly presented to this Court by Applicant.
The writ of habeas corpus is not to be lightly or easily abused. Sanders v. U.S., 373 U.S. 1
(1963); Ex parte Carr, 511 S.W.2d 523 (Tex. Crim. App. 1977). As we held in Ex parte Rodriguez,
334 S.W.2d 294, 294 (Tex. Crim. App. 1997), the trial court is the appropriate forum for findings
of fact. The trial court may use any means set out in TEX . CODE CRIM . PROC. art. 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 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.
The trial court shall make findings of fact as to whether the affidavit, purportedly signed by
Christina Hernandez on September 25, 2017, and submitted by Applicant, is accurate, correct, and
authored by the person listed in the document, and whether the document was notarized by said
Notary Public. If the court finds that Ms. Hernandez did execute the affidavit, it shall enter findings
of fact as to the credibility of the affiant and specific findings as to whether Applicant is entitled to
relief. The trial court shall also make any other findings of fact and conclusions of law that it deems
relevant and appropriate to the disposition of Applicant’s claims for habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
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affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time must
be requested by the trial court and shall be obtained from this Court.
Filed: July 25, 2018
Do not publish