Perez-Guerra, Jose Elias

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,305-01
EX PARTE JOSE ELIAS PEREZ-GUERRA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2008CRN000610-D1 (A) IN THE 49TH DISTRICT COURT
FROM WEBB 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 pleaded guilty to murder and was
sentenced to forty years’ imprisonment. He did not appeal his conviction.
Applicant contends, among other things,1 that his trial counsel rendered ineffective assistance
because counsel did not explore or raise a self-defense theory. Applicant alleges that he was acting
in self-defense because the victim was threatening him with a weapon and attempting to sexually
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This Court has considered Applicant’s other claims and finds them to be without merit.
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assault him.
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 claim of ineffective assistance of counsel.
Specifically, trial counsel shall state whether there was any evidence to indicate that Applicant acted
in self-defense, and if so, why trial counsel did not advise Applicant to go to trial and try to establish
self defense rather than pleading guilty. 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 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
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: June 10, 2015
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