Balderas, Jiuliano Florentino ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,918-01
EX PARTE JIULIANO FLORENTINO BALDERAS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1556621-A IN THE 230TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant was convicted of murder and sentenced to twenty-six years’ imprisonment.
Applicant, through habeas counsel, filed this application for a writ of habeas corpus in the county
of conviction, and the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art.
11.07.
Applicant contends that trial counsel provided ineffective assistance at Applicant’s jury trial.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466
U.S. 668 (1984). Accordingly, the record should be developed. The trial court is the appropriate
forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall order trial
counsel to respond to Applicant’s claims. In developing the record, the trial court may use any
2
means set out in Article 11.07, § 3(d). The trial court shall make findings of fact and conclusions
of law as to whether trial counsel’s performance was deficient and Applicant was prejudiced. The
trial court may make any other findings and conclusions that it deems appropriate.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: JULY 27, 2022
Do not publish