IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,781-02
EX PARTE JUAN FLORES TORRES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2012-04-12006-CR IN THE 38TH DISTRICT COURT
FROM UVALDE 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 seven years’ imprisonment.
Applicant contends that his trial counsel rendered ineffective assistance because, among other
things, counsel insisted that Applicant plead guilty on the day of trial, that he had no choice in the
matter, and that he would get sixty years to life if he refused the offer. Applicant also alleges that he
pleaded guilty due to counsel’s threats.
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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). The trial
court made findings after this Court’s first remand, but the habeas record does not contain a response
from trial counsel. 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).
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 not represented by counsel, 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 supplemental findings of fact and conclusions of law specifically
addressing how counsel advised Applicant. Should the court find that counsel erred, it shall make
specific findings as to whether, but for those errors, Applicant would have insisted on a jury trial.
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
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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: August 3, 2016
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