Guzman, Eynel

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,239-03
EX PARTE EYNEL AROLDO GUZMAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W219-81460-08-HC IN THE 219TH DISTRICT COURT
FROM COLLIN 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 one count of
aggravated sexual assault of a child and one count of indecency with a child and sentenced to twenty-
five years’ and fifteen years’ imprisonment, respectively. The Fifth Court of Appeals affirmed his
convictions. Guzman v. State, No. 05-09-01043-CR (Tex. App.– Dallas Mar. 15, 2011)(not
designated for publication).
Applicant contends that his sentences are improper because he was sentenced twice for one
criminal act. He alleges that the sexual assault of a child by digital penetration was predicated on
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a touching which was a part of the indecency with a child by contact. Applicant has alleged facts
that, if true, might entitle him to relief. Patterson v. State, 152 S.W.3d 88 (Tex. Crim. App. 2004).
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 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 determine whether the actions alleged in the two counts were separate
and distinct instances or were a part of one assault. The trial court shall make findings of fact and
conclusions of law in regard to Applicant’s claim that his convictions violate double jeopardy. 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 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