Beltran, Larry

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-72,951-03
EX PARTE LARRY BELTRAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D1DC08500396 IN THE 147TH DISTRICT COURT
FROM TRAVIS 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 aggravated sexual
assault of a child and sentenced to life imprisonment. The Third Court of Appeals affirmed his
conviction. Beltran v. State, No. 03-10-00438-CR (Tex. App.–Austin, December 21, 2012).
Applicant contends that his trial counsel rendered ineffective assistance. 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.
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Ohio 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 the following findings of fact and conclusions of law: (1) whether
trial counsel was deficient for eliciting testimony from a prosecution witness regarding Applicant’s
prior conviction for a sexual offense; (2) whether trial counsel was deficient for failing to confront
and impeach the complainant with prior inconsistent statements; (3) whether trial counsel was
deficient for failing to object to the State’s use of the victim’s perjured statements; (4) whether trial
counsel was deficient for failing to object to the prosecutor eliciting testimony from a witness
concerning the victim’s propensity for truthfulness; (5) whether trial counsel was deficient for failing
to object to the prosecutor’s closing statement that improperly bolstered the credibility of the
victim’s testimony; (6) whether trial counsel was deficient for failing to object to expert testimony
that directly commented on the complainant’s credibility; (7) whether trial counsel was deficient for
failing to obtain a defense expert to rebut the State’s expert; and, (8) whether trial counsel was
deficient for failing to obtain an expert to introduce exculpatory evidence. 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.
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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: July 23, 2014
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