IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,066-01
EX PARTE DANNY RAYMON GONZALES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 12-2169-CR-A-A IN THE 25TH DISTRICT COURT
FROM GUADALUPE 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 engaging in
organized crime and sentenced to six years’ imprisonment. He did not appeal his conviction.
Applicant contends that his plea was involuntary. He says that trial counsel informed him he
would serve this six-year sentence concurrently with a federal sentence, and Applicant believed this
was part of the plea agreement, but the sentences are not being served concurrently. There is no
response from trial counsel or findings from the trial court.
Applicant has alleged facts that, if true, might entitle him to relief. See Ex parte Huerta, 692
2
S.W.2d 681 (Tex. Crim. App. 1985); see also Ex Parte Moussazadeh, 361 S.W.3d 684 (Tex. Crim.
App. 2012). 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 counsel to respond to Applicant’s claim that his plea was
involuntary. 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.
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 Applicant
pled guilty pursuant to an agreement that this sentence would run concurrently with a federal
sentence and whether trial counsel informed him that the sentences would run concurrently. 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 must
be requested by the trial court and shall be obtained from this Court.
Filed: January 11, 2017
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