Martinez, Petronilo Alcala

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-83,440-01 EX PARTE PETRONILO ALCALA MARTINEZ, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. B18043-0905 IN THE 242ND DISTRICT COURT FROM HALE 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 assault and sentenced to twenty years’ imprisonment. The Seventh Court of Appeals affirmed his conviction. Martinez v. State, No. 07-12-0189-CR (Tex. App.—Amarillo Oct. 19, 2012)(not designated for publication). Applicant contends, among other things, that his trial counsel rendered ineffective assistance because counsel failed to give Applicant notice of the revocation hearing until the day of the hearing, 2 rushed Applicant to sign papers which Applicant signed under duress, failed to advise Applicant of the revocation process, failed to prepare a defense, and failed to call Applicant’s father, who was present and ready to testify, as a witness at the hearing. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). 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. The trial court shall order trial counsel to respond to Applicant’s claim of ineffective assistance of counsel. 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 as to whether the performance of Applicant’s trial counsel was deficient and, if so, whether counsel’s deficient performance prejudiced Applicant. 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 3 be obtained from this Court. Filed: July 29, 2015 Do not publish