Bernal, Anthony Cruz ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-87,555-01
EX PARTE ANTHONY CRUZ BERNAL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. C-42,307-A IN THE 244TH DISTRICT COURT
FROM ECTOR COUNTY
ALCALA , J., filed a concurring opinion.
CONCURRING OPINION
I agree with this Court’s remand order’s determination that applicant has alleged facts that,
“if true, might entitle him to relief.” I, however, do not join this Court’s order because I would
require the habeas court on remand to appoint counsel for applicant upon request if he is indigent,
regardless of whether the trial court holds a hearing. See Ex parte Pointer, 492 S.W.3d 318, 320-21
(Tex. Crim. App. 2016) (per curiam) (Alcala, J., concurring). Specifically, in addition to the order’s
current admonition that the appointment of counsel is mandatory for an indigent applicant upon
request if the habeas court holds a hearing, I would include a further admonishment that an indigent
applicant is “entitled” to the appointment of counsel upon request “if the court concludes that the
interests of justice require representation.” See TEX . CODE CRIM . PROC. ART . 1.051(d). With these
comments, I respectfully concur in this Court’s order.
Filed: November 22, 2017
Do Not Publish