BRAZ, JOHN ALLEN Jr. ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,368-01
EX PARTE JOHN ALLEN BRAZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 23420-422 IN THE 422ND DISTRICT COURT
FROM KAUFMAN 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 three counts of
aggravated sexual assault. He was sentenced to thirty years’ imprisonment for two of those counts
and thirty-five years’ imprisonment for the other. The Fifth Court of Appeals affirmed his
conviction. Braz v. State, No. 05-06-00428-CR (Tex. App.—Dallas July 16, 2007)(not designated
for publication).
Applicant contends that his trial counsel rendered ineffective assistance at both the
guilt/innocence and punishment phases of trial. He raises multiple allegations that are detailed in
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the memorandum attached to his habeas application. An order designating issues was timely signed
by the trial court on March 26, 2010. That order instructed trial counsel to submit an affidavit to
respond to the allegations contained in Applicant’s habeas application. There is no indication that
the affidavit has ever been filed with the trial court.
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 again order trial counsel to respond to Applicant’s claim of ineffective assistance of counsel
and shall obtain such a response. 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 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
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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: November 26, 2014
Do not publish