Gaspar, Jesus Manuel

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
No. WR-82,539-01
EX PARTE JESUS MANUEL GASPAR, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W09-30667-N(A)
IN THE 195TH 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 possession with
intent to distribute methamphetamine and was sentenced to thirty-five years’ incarceration. The
conviction was affirmed on direct appeal. Gaspar v. State, No. 05-12-00121-CR (Tex.App.—Dallas
Oct. 30, 2012) (not designated for publication).
Applicant claims, inter alia, that his guilty plea was involuntary and that counsel provided
ineffective assistance. The trial court entered a timely order designating issues (ODI), which ordered
trial counsel to provide an affidavit responding to the claims. The district clerk later forwarded the
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habeas application to this Court as required, see TEX . R. APP. P. 73.4(b)(5), but the factual issues
designated in the trial court’s ODI appear to remain unresolved because the habeas record contains
no affidavit from trial counsel or trial court findings.
The habeas record supports the trial court’s determination that further fact-finding should be
made. Applicant’s habeas application is remanded to the trial court to resolve the controverted issues
of fact and to enter findings of fact and conclusions of law. To resolve the controverted issues and
make its findings and conclusion, the trial court may use any means set out in TEX . CODE CRIM .
PROC. art. 11.07, § 3(d).
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: January 28, 2015
Do not publish