Vasquez, Pedro Chavez ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,163-01
EX PARTE PEDRO CHAVEZ VASQUEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 39736-01-B IN THE 181ST 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 robbery and
sentenced to twenty years’ imprisonment. He did not appeal his conviction.
On April 30, 2014, this Court remanded to the trial court to obtain affidavits and findings
addressing Applicant’s claims that his counsel at the original plea proceeding and counsel at the
revocation hearing rendered ineffective assistance. On August 20, 2014, this Court received the
supplemental record, which included affidavits from both attorneys and findings of fact from the trial
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court.
The trial court has made findings that Applicant’s plea was voluntary. The trial court also
found that neither trial counsel nor counsel for the motions to proceed with guilt on the original
charge were deficient. The trial court also found that certain medical records were taken into
consideration by the trial court in sentencing the defendant at the June 24, 2008 revocation hearing.
However, the trial court did not make findings as to whether using these medical records constituted
a due process violation.
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 may use any means set out in TEX . CODE CRIM . PROC . art. 11.07, § 3(d). In the
appropriate case, the trial court may rely on its personal recollection. Id.
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 a finding as to whether the medical records in the court’s file in
the instant case have any relevance to Applicant. The trial court shall make additional findings as
to whether the medical records were improperly considered, and, if so, if they influenced the amount
of time the trial court imposed. The trial court may 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
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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: September 24, 2014
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