Rodriguez, Jesus

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,613-01
EX PARTE JESUS RODRIGUEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-14-200034-A IN THE 450TH DISTRICT COURT
FROM TRAVIS COUNTY
Per curiam.
ORDER
Applicant was convicted of murder and sentenced to life in prison. The Thirteenth Court of
Appeals affirmed his conviction. Rodriguez v. State, No. 13-16-00396-CR (Tex. App.—Corpus
Christi del. May 17, 2018). Applicant filed this application for a writ of habeas corpus and an
amended habeas application in the county of conviction, and the district clerk forwarded the
pleadings to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant raises many claims, including claims of ineffective assistance of trial and appellate
counsel. There is no response from counsel in the record provided to this Court, and there are no
findings from the trial court. Applicant has alleged facts that, if true, might entitle him to relief.
Strickland v. Washington, 466 U.S. 668 (1984). Accordingly, the record should be developed. The
2
trial court is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
The trial court shall order trial and appellate counsel to respond to Applicant’s claims of ineffective
assistance by explaining counsels’ representation of Applicant, including applicable strategy and
tactical decisions. In developing the record, the trial court may use any means set out in Article
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 wants to be represented by counsel, the trial court shall appoint
counsel to represent him at the hearing. See TEX . CODE CRIM . PROC. art. 26.04. If counsel is
appointed or retained, the trial court shall immediately notify this Court of counsel’s name.
The trial court shall make findings of fact and conclusions of law regarding the claims
Applicant has raised. The trial court may make any other findings and conclusions that it deems
appropriate.
The trial court shall make findings of fact and conclusions of law within ninety 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: January 15, 2020
Do not publish