IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,138-01
EX PARTE CARLOS HERNANDEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 20160D01804-384-1 IN THE 384TH 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 driving while
intoxicated with a prior intoxication manslaughter conviction and sentenced to four years’
imprisonment. He did not appeal his conviction.
Petitioner, Y. Hernandez, has submitted this habeas application on Applicant’s behalf.
Applicant claims that his guilty plea was involuntary. He says trial counsel failed to communicate
with him the repercussions of pleading guilty. Rather, he says counsel advised him that pleading
guilty without a plea recommendation “was the best option considering the circumstances” and that
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Applicant “would not face jail time.” Applicant, however, received a sentence of incarceration. There
is no affidavit in response from trial counsel or findings from the trial court in the habeas record
provided to this Court. See Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Morrow, 952
S.W.2d 530 (Tex. Crim. App. 1997).
Applicant has alleged facts that, if true, might entitle him to relief. 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 and shall resolve the disputed factual issues. 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 in regard to Applicant’s
claim that his plea was involuntary, and the trial court shall make a finding regarding whether
Applicant has authorized petitioner to submit this habeas application on his behalf. 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 must
be requested by the trial court and shall be obtained from this Court.
Filed: February 1, 2017
Do not publish
Hernandez, Carlos
Combined Opinion