IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,766-01
EX PARTE GILBERT SANCHEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 20100D02745-120-1 IN THE 120TH DISTRICT COURT
FROM EL PASO 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 and sentenced to sixty-five years’ imprisonment. The Eighth Court of Appeals affirmed his
conviction. Sanchez v. State, No. 08-11-00137-CR (Tex. App.—El Paso Jun. 20, 2014) (not
designated for publication).
In four grounds, Applicant contends his trial counsel rendered ineffective assistance. The
State filed a proposed order designating issues, but it was not signed by the trial court and no
findings of fact and conclusions of law were made.
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Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984); Rock v. Arkansas, 483 U.S. 44, 50-53 (1987); Ex parte Patterson, 993 S.W.2d
114, 115 (Tex. Crim. App. 1999). The writ record contains an affidavit from trial counsel. However,
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. If
necessary, the trial court shall order trial counsel to provide a supplemental response to Applicant’s
claims of ineffective assistance of counsel. The trial court may use any means set out in TEX . CODE
CRIM . PROC. art. 11.07, § 3(d). In the appropriate case, the trial court may rely on its personal
recollection. Id.
It appears that Applicant is represented by counsel. If the trial court elects to hold a hearing,
it shall determine if Applicant is represented by counsel, and if not, 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 addressing Applicant’s
claims that counsel was ineffective. The 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
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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: May 25, 2016
Do not publish
Sanchez, Gilbert
Combined Opinion