Contreras, Dana Marie ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-80,635-02
EX PARTE DANA MARIE CONTRERAS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 37880-D IN THE 320th DISTRICT COURT
FROM POTTER 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 forty years’ imprisonment. The Seventh Court of Appeals initially reversed her
conviction on the basis of an erroneously admitted confession. Contreras v. State, 998 S.W.2d 656
(Tex. App. — Amarillo 1999). This Court granted the State’s petition for discretionary review and
reversed the judgment of the court of appeals, remanding to that court for further proceedings.
Contreras v. State, 67 S.W.3d 181 (Tex. Crim. App. 2001). On remand, the court of appeals
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affirmed Applicant’s conviction and sentence. Contreras v. State, 73 S.W.3d 314 (Tex. App. —
Amarillo 2001, pet ref’d).
Applicant contends that her sentence in this case was based in part on false testimony, and
argues that she is entitled to a new punishment hearing. The trial court has determined that the
State’s unknowing use of false testimony to obtain a 40-year sentence denied Applicant due process
of law and a fair trial on punishment. The State agrees that the prosecutor would have sought a
lower sentence had this information been known at the time of trial. However, we find that the trial
court’s findings of fact and conclusions of law are not sufficiently supported by the record.
In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334
S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact.
The trial court shall conduct a live evidentiary hearing on the matter, at which Sueleta Andrews shall
be called to testify. Notice of the hearing and an opportunity to testify shall be given to those persons
who participated in the trial or the investigation.
It appears that Applicant is currently represented by counsel in this case. However, if this
is no longer true, the trial court 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.
After the habeas hearing, the trial court shall enter findings of fact as to the credibility of the
witnesses. The trial court shall make findings of fact and conclusions of law as to whether
Applicant’s sentence in this case was based in part on false testimony, and whether she is entitled
to a new punishment hearing. 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 claim for
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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
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 shall
be obtained from this Court.
Filed: February 4, 2015
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