IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,751-01
EX PARTE PATRICK LEONARD MARTINEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 20130D04142-171-1 IN THE 171ST DISTRICT COURT
FROM EL PASO COUNTY
Per curiam.
ORDER
Applicant was convicted of continuous sexual abuse of a child under 14 and sentenced to
fifty-two years’ imprisonment. The Eighth Court of Appeals affirmed his conviction. Martinez v.
State, No. 08-14-00242-CR (Tex. App. — El Paso, May 23, 2018). Applicant filed this application
for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this
Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends that trial counsel was ineffective because counsel 1) improperly
turned down a plea offer without the Applicant’s express permission to do so and for reasons not
articulated by Applicant, 2) failed to know the applicable law to the charged offense, and 3)
improperly gave the jury a definition of reasonable doubt, admitted that he thinks his client is
guilty, and made incoherent and rambling nonsensical arguments to the jury. Applicant also
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claims his appellate counsel failed to properly argue her motion for new trial. Applicant has
alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668
(1984). Accordingly, the record should be developed. The trial court is the appropriate forum
for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall order both
trial and appellate counsel to respond to Applicant’s claims. In developing the record, the trial
court may use any means set out in Article 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 wants to
be represented by counsel, the trial court shall appoint counsel to represent him at the hearing.
See TEX . CODE CRIM . PROC. art. 26.04. If counsel is appointed or retained, the trial court shall
immediately notify this Court of counsel’s name.
The trial court shall make findings of fact and conclusions of law as to whether trial
counsel’s performance was deficient and Applicant was prejudiced. The trial court shall also
make findings of fact and conclusions of law as to whether appellate counsel’s performance was
deficient and Applicant was prejudiced. The trial court may make any other findings and
conclusions that it deems appropriate in response to Applicant’s claims.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial
court’s findings and conclusions and the record developed on remand, including, among other
things, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts
from hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be
requested by the trial court and obtained from this Court.
Filed: February 26, 2020
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