Delacruz, Melecio Santana AKA Vergara, Ricardo ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,795-01
EX PARTE MELECIO SANTANA DELACRUZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W12-62922-T(A) IN THE 283RD DISTRICT COURT
FROM DALLAS COUNTY
Per curiam.
ORDER
Applicant was convicted of aggravated sexual assault of a child and sentenced to seventy-five
years’ imprisonment. The Fifth Court of Appeals affirmed his conviction. Delacruz v. State, No.
05-14-01013-CR (Tex. App.—Dallas Apr. 28, 2016) (not designated for publication). Applicant
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 raises four grounds of ineffective assistance of counsel. The record contains no
findings or recommendations from the trial court. 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.
2
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 means set out in Article 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 wants to be represented by counsel, the trial court shall appoint counsel to represent him
at the hearing. See TEX . CODE CRIM . PROC. art. 26.04. If counsel is appointed or retained, the trial
court shall immediately notify this Court of counsel’s name.
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 in response to Applicant’s claims.
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 28, 2021
Do not publish