Garza, Christopher Alexander

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,109-01
EX PARTE CHRISTOPHER ALEXANDER GARZA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 9851-A IN THE 27th DISTRICT COURT
FROM LAMPASAS COUNTY
Per curiam.
ORDER
Applicant was convicted of evading arrest with a vehicle and sentenced to twenty years’
imprisonment. 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 because he failed to secure a plea
bargain agreement and failed to secure Applicant’s right to appeal. The State filed an answer stating
that they offered Applicant a five year plea offer and trial counsel was allowed to withdraw before
the time to file a timely notice of appeal had passed. 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.
2
art. 11.07, § 3(d). 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 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 as to whether counsel communicated the State’s five year
plea offer to Applicant and whether Applicant ever informed counsel or the court of his desire to
appeal. 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 claims.
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: April 22, 2020
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