Armijo, Armando Jr ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,635-01
EX PARTE ARMANDO ARMIJO JR, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. A2169-1 IN THE 216TH DISTRICT COURT
FROM KERR COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to aggravated assault with a deadly weapon and was sentenced to
fifteen years’ imprisonment. He did not appeal his conviction. 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 contends, among other things, that he received multiple punishments for the same
offense and that counsel was ineffective. Applicant has alleged facts that, if true, might entitle him
to relief. Brady v. United States, 397 U.S. 742 (1970). 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
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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 Applicant
was sentenced to multiple punishments in violation of the Double Jeopardy Clause. The trial court
shall also 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: April 06, 2022
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