Cantu, Reynaldo Alberto ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,551-01
EX PARTE REYNALDO ALBERTO CANTU, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2013-08-7359-A IN THE 24TH DISTRICT COURT
FROM CALHOUN 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 continuous sexual
abuse of a young child and sentenced to life imprisonment. The Thirteenth Court of Appeals
affirmed his conviction. Cantu v. State, No. 13-14-00133-CR (Tex. App.—Corpus Christi Jan. 11,
2018) (not designated for publication).
Applicant contends, among other things, that trial counsel failed to challenge Amador
Roldan, a prospective juror, for bias or prejudice. See TEX . CODE CRIM . PROC. art. 35.16(a)(9).
Applicant also contends that appellate counsel failed to timely inform him that his conviction had
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been affirmed and advise him of his right to petition pro se for discretionary review.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984); Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). In these
circumstances, additional facts are needed. Pursuant to 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 and appellate counsel to respond to the above claims. 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 and conclusions of law as to whether trial counsel
was deficient for not challenging Roldan for cause and whether Applicant was prejudiced by
counsel’s alleged deficient conduct. The trial court shall also make findings and conclusions as to
whether appellate counsel timely informed Applicant that his conviction had been affirmed and
advised him that he had a right to file a pro se petition for discretionary review. 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 claims 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
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requested by the trial court and shall be obtained from this Court.
Filed: March 20, 2019
Do not publish