IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,435-01
EX PARTE FELIX DELEON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR09-101A IN THE 235TH DISTRICT COURT
FROM COOKE 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 voluntary
manslaughter and sentenced to twenty years’ imprisonment. The Second Court of Appeals affirmed
his conviction. Deleon v. State, No. 02-11-00281-CR (Tex. App.—Fort Worth May 16, 2013) (not
designated for publication).
Applicant contends, among other things, that trial counsel rendered ineffective assistance
because he requested an instruction on voluntary manslaughter. Applicant has alleged facts that, if
true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Patterson,
2
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. In his response, counsel shall state whether he consulted with Applicant before
asking for an instruction on voluntary manslaughter. 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 him 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 trial counsel’s
conduct was deficient and Applicant was prejudiced. 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: January 14, 2015
Do not publish