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 2012-06

Villarreal, Juan ( 2012 )


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  • IN THE COURT OF CRIMINAL APPEALS

    OF TEXAS



    NO. WR-77,470-01

    EX PARTE JUAN VILLARREAL, Applicant


    ON APPLICATION FOR A WRIT OF HABEAS CORPUS

    CAUSE NO. 08-CR-3879-G(2) IN THE 319TH DISTRICT COURT

    FROM NUECES COUNTY

    Per curiam.  

    O R D E R



    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 twelve counts of aggravated sexual assault of a child and sentenced to life imprisonment in each. He was also convicted of two counts of indecency with a child and was sentenced to ten years' imprisonment in each. The Thirteenth Court of Appeals affirmed his conviction. (Villarreal v. State, No. 13-09-00187-CR (Tex. App.-Corpus Christi May 20, 2010) (unpublished).

    Applicant contends that trial counsel rendered ineffective assistance that rendered his pleas involuntary because, inter alia, counsel did not inform him of the possibility that the judge might not grant deferred adjudication community supervision.

    Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). 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 order trial counsel to respond to Applicant's claim of ineffective assistance of counsel. 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 and conclusions of law as to whether the performance of Applicant's trial counsel was deficient and, if so, whether counsel's deficient performance prejudiced Applicant. The trial court shall make specific findings of fact addressing Applicant's claim that trial counsel assured him that he would receive community supervision if he pleaded open to the judge without advising him of the possibility of prison sentences. 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 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.



    Filed: June 20, 2012

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