Garcia, Carlos

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,146-01
EX PARTE CARLOS GARCIA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR-16-0668-D-WHC 1 IN THE 22ND DISTRICT COURT
FROM HAYS COUNTY
Per curiam.
ORDER
Applicant was convicted of one count of aggravated sexual assault of a child, three counts
of indecency with a child by contact, and two counts of indecency with a child by exposure. He was
sentenced to thirty-five years for count one, fifteen years for count two, ten years for counts three and
four, five years for count five, and ten years, probated for count six. The trial court ordered counts
one, two, five and six to run concurrently and counts three and four to run consecutively. The
Thirteenth Court of Appeals affirmed his conviction. Garcia v. State, No. 13-17-00218-CR (Tex.
App. — Coprus Christi - Edinburg March 28, 2019) (not designated for publication). 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.
2
Applicant contends, among other things,1 that trial counsel was ineffective because trial
counsel failed to call three witnesses to testify at trial. Applicant provides affidavits from those three
proposed witnesses. Although Applicant does not show that their testimony would have been
admissible, it is possible that the proposed witnesses could have provided helpful information to the
defense. 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). The trial court
shall order trial counsel to respond to Applicant’s claim. Specifically, trial counsel shall state
whether she was provided with the names of potential witnesses by Applicant, and whether she
interviewed and considered presenting testimony from Yeni Sandoval, Tishay Michelle King, and
Jacqueline R. McNutt. 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 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,
1
This Court has reviewed Applicant’s other claims and finds them to be without merit.
3
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 29, 2020
Do not publish