IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,616-01
EX PARTE CARLOS R. SONESEN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 007-0153-09 IN THE 7TH DISTRICT COURT
FROM SMITH COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual
assault of a child and sentenced to fifteen years’ imprisonment. He did not appeal his conviction.
Applicant contends that counsel was ineffective and that he is actually innocent. The trial
court made findings of fact addressing Applicant’s ineffective assistance of counsel allegations, but
did not address his actual innocence claim. Applicant has alleged facts that, if true, might entitle him
to relief. In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334
S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact.
2
The trial court may use any means set out in TEX . CODE CRIM . PROC. art. 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 wishes to be represented by counsel, the trial court shall appoint an
attorney to represent Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law in regard to Applicant’s
claim that newly discovered evidence proves his innocence. The trial court shall make specific
findings assessing the credibility of the statement that Applicant never penetrated the complainant,
and addressing whether her statement is “newly discovered.” The trial court shall also make any
other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition
of Applicant’s claim for habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall be
obtained from this Court.
Filed: September 17, 2014
Do not publish
Sonesen, Carlos R.
Combined Opinion