Gonzales, Robert Lee

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,695-01
EX PARTE ROBERT LEE GONZALES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 12-5-8791-A IN THE 24TH DISTRICT COURT
FROM JACKSON COUNTY
Per curiam.
ORDER
Applicant was convicted of aggravated assault with deadly weapon and sentenced to forty
years’ imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Gonzales v. State,
No. 13-13-00243-CR (Tex. App. — Corpus Christi-Edinburg, Aug. 7, 2014). Applicant filed this
application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded
it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends that trial counsel was ineffective by failing to timely transmit a sixteen
year plea offer from the State. 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
trial court is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
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The trial court shall order trial counsel to respond to Applicant’s claim. 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 Applicant 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 as to whether a plea offer
for sixteen years was made by the State. The trial court shall make findings of fact and conclusions
of law as to whether trial counsel’s performance was deficient and Applicant was prejudiced. The
trial court may make any other findings and conclusions that it deems appropriate in response to
Applicant’s claim for habeas corpus relief.
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
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