Alvarez, Miguel

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-75,007-03
EX PARTE MIGUEL ALVAREZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 24670-86 IN THE 86TH DISTRICT COURT
FROM KAUFMAN 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
the intent to deliver a controlled substance and sentenced to ten years’ imprisonment. The Fifth
Court of Appeals dismissed his appeal. Alvarez v. State, No. 05-10-01152-CR (Tex. App.—Dallas
Sept. 29, 2010) (not designated for publication).
In his first ground, Applicant contends that his no contest plea was involuntary because
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although he agreed to plead no contest to engaging in organized criminal activity, the prosecutor and
trial counsel changed the offense to possession with the intent to deliver a controlled substance.
Applicant has alleged facts that, if true, might entitle him to relief. 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 claim and state whether he believed Applicant’s no contest plea was knowing and
intelligent. The trial court shall also order the District Clerk to forward a copy of the plea hearing
transcript, if available. 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 him 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’s
no contest plea was intelligent and knowing. 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 his 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
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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: December 16, 2015
Do not publish