Escalante, Jose a ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-78,440-02
EX PARTE JOSE A. ESCALANTE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2009CR11013-W2 IN THE 379TH DISTRICT COURT
FROM BEXAR 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 manslaughter and
sentenced to twenty years’ imprisonment. The Fourth Court of Appeals affirmed his conviction.
Escalante v. State, No. 04-12-00408-CR (Tex. App.—San Antonio June 12, 2013) (not designated
for publication).
Applicant contends, among other things, that trial counsel rendered ineffective assistance.
The trial court made findings of fact and conclusions of law and recommended that this Court
dismiss this application because it failed to comply with Rule of Appellate Procedure 73.1. We hold
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that this application complies with Rule 73.1.
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
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 make findings of fact as to whether the affidavit trial counsel filed is
credible. The trial court shall then determine whether counsel’s conduct was deficient and Applicant
was prejudiced. 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 must
be requested by the trial court and shall be obtained from this Court.
Filed: February 1, 2017
Do not publish