Barrera-Magana, Juan Carlos

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,099-01
EX PARTE JUAN CARLOS BARRERA-MAGANA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1338054-A IN THE 338TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant was convicted of murder and sentenced to life in prison. The First Court of
Appeals affirmed his conviction. Barrera-Magana v. State, No. 01-20-00587-CR (Tex.
App.—Houston [1st Dist.] del. Sep. 10, 2020). 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 that appellate counsel told him she would file a petition for discretionary
review in this Court regarding the judgment of the appellate court affirming the conviction, but she
failed to do so, and that appellate counsel failed to timely inform Applicant of his right to file a pro
se petition for discretionary review. Applicant has alleged facts that, if true, might entitle him to
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relief. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997); Ex parte Crow, 180 S.W.3d 135(Tex. Crim. App. 2005). 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 appellate 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 appellate
counsel informed Applicant that she would file a petition for discretionary review, but failed to do
so, and failed to timely inform Applicant that he had a right to file a pro se petition for discretionary
review. The trial court shall also determine whether Applicant would have timely filed a petition
for discretionary review but for appellate counsel’s alleged deficient performance. 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: June 9, 2021
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