Medina, Arnoldo Jr

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,779-01
EX PARTE ARNOLDO MEDINA, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W 366-83961-2017-HC IN THE 366TH DISTRICT COURT
FROM COLLIN COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to aggravated assault. After hearing evidence on punishment, the
trial court sentenced him to eight years’ imprisonment. The Fifth Court of Appeals affirmed his
conviction. Medina v. State, No. 05-19-01116-CR (Tex. App.—Dallas Jan. 26, 2021) (not
designated for publication). Applicant filed this application for writ of habeas corpus in the county
of conviction, and the district clerk forwarded the application to this Court. See TEX . CODE CRIM .
PROC. art. 11.07.
Prior to the application for writ of habeas corpus being forwarded to this Court, Applicant
filed “Applicant’s Notice of Withdrawal of Writ of Habeas Corpus.”
This Court has held that requests for late-stage dismissals of habeas applications without
prejudice, in general, are disfavored and will not be permitted. If, however, an applicant makes a
showing of good cause for a late-stage dismissal without prejudice, then permitting the entire process
to begin anew is appropriate. When this Court determines that a perceived deficiency in an existing
habeas application could be remedied by alternatives to a late-stage dismissal such as (1) the
presentation of additional evidence, (2) the filing of an amended or supplemental application raising
new claims in the habeas court, or (3) a stay of the proceedings for a reasonable period of time, then
the applicant cannot show good cause for his motion to dismiss without prejudice. Ex parte
Speckman, 537 S.W.3d 49 (Tex. Crim. App. 2017).
The trial court shall make findings as to whether it believes this motion to withdraw
constitutes a request for late-stage dismissal under Speckman and make a recommendation whether
or not it believes the Court should dismiss the habeas application pursuant to Applicant’s request.
The trial court shall make findings of fact and conclusions of law within sixty days from the
date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: June 8, 2022
Do not publish