Longoria, Alberto ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS.
WR-94,502-01
WR-94,502-02
EX PARTE ALBERTO LONGORIA, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. C-396-W012228-1365681-A & C-396-W012229-1365684-A
IN THE 396TH DISTRICT COURT FROM TARRANT COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to two offenses of aggravated assault and was sentenced to two
concurrent terms of ten years in prison. The Second Court of Appeals affirmed the convictions in
an unpublished opinion. Longoria v. State, Nos. 02-21-00071-CR & 02-21-00072-CR (Tex.
App.—Fort Worth del. May 12, 2022). Applicant, through habeas counsel, filed these applications
for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this
Court. See TEX . CODE CRIM . PROC. art. 11.07.
The trial court had initially placed Applicant on deferred-adjudication community supervision
for the offenses; the probations were later revoked. Applicant contends that his revocation counsel
2
was ineffective. He argues, had the trial court properly considered Applicant’s ineligibility for shock
probation, there is a reasonable probability the trial court would have assessed lesser sentences.
Applicant complains counsel failed to insure this occurred. There is no response from counsel in
the habeas record forwarded to this Court. The trial court shall order revocation counsel to respond
to Applicant’s habeas claim. In developing the record, the trial court may use any means set out in
Article 11.07, § 3(d). After receiving counsel’s response, the trial court may make any further
findings and conclusions it deems appropriate.
The trial court shall comply with this order 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, if any, 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: FEBRUARY 15, 2023
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