Medrano, Arturo Solorzano

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,696-01
EX PARTE ARTURO SOLORZANO MEDRANO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F10-34786-S IN THE 282ND DISTRICT COURT
FROM DALLAS 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 child and sentenced to twenty-five years’ imprisonment. His appeal was dismissed
because notice of appeal was untimely filed. Medrano v. State, No. 05-14-00129-CR (Tex. App. —
Dallas, March 4, 2014) (not designated for publication).
Applicant contends that his trial counsel rendered ineffective assistance because counsel did
not investigate, explain the nature of the charges to Applicant, or adequately communicate
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Applicant’s options to him. Applicant alleges that he could not speak, read or write English, but that
he was not provided with an interpreter at trial. The habeas record indicates that Applicant pleaded
“not guilty” and was found guilty by a jury, but also contains copies of a judicial confession and sex
offender admonitions signed by Applicant. Furthermore, the trial court apparently certified that
Applicant had waived his right to appeal, but the record does not contain such a waiver.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). In these
circumstances, additional facts are needed. As we held in 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 counsel to respond to Applicant’s claims of ineffective assistance of counsel. 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 Applicant 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 Applicant
was convicted and sentenced on a plea of “not guilty,” or whether Applicant entered into a plea at
the punishment stage after having been found guilty by a jury. If Applicant did waive expressly
waive his right to appeal, the trial court shall supplement the habeas record with evidence of such
a waiver. The trial court shall make findings of fact and conclusions of law as to whether the
performance of Applicant’s trial counsel was deficient and, if so, whether counsel’s deficient
performance prejudiced Applicant. 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 claim for
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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 shall
be obtained from this Court.
Filed: February 4, 2015
Do not publish