Quintero, Edgar Oscarlo ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,757-01
EX PARTE EDGAR OSCARLO QUINTERO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W11-00302-N(A) IN THE 195TH DISTRICT COURT
FROM DALLAS 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 charged with aggravated
sexual assault of a child, but the offense in the plea agreement, admonishments, waivers, and
judgment appears to be continuous sexual abuse of a young child or children. TEX . PEN . CODE §
21.02. Applicant was sentenced to eighteen years. He did not appeal his conviction.
Applicant appears to contend that the plea agreement was breached. Applicant has alleged
facts that, if true, might entitle him to relief. 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,
2
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 order the prosecutor to file an affidavit in response to Applicant’s claim.
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 him at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall determine whether Applicant pleaded guilty to aggravated sexual assault
of a child; his guilty plea was voluntary and knowing; the plea agreement was breached; and the plea
agreement, admonishments, waivers, and judgment contain clerical errors. The trial court shall also
order the District Clerk to forward a copy of the reporter’s record of the plea hearing, if it exists. 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 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 17, 2014
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