IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-92,323-01 & WR-92,323-02
EX PARTE JOHN RAY BENAVIDES, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 2019-DCR-00327-A & 2019-DCR-00446-A
IN THE 107TH DISTRICT COURT
FROM CAMERON COUNTY
Per curiam.
ORDER
Applicant was convicted of two evading arrest with a vehicle charges and sentenced to four
years’ imprisonment in each case. Applicant filed these applications for writs of habeas corpus in
the county of conviction, and the district clerk forwarded them to this Court. See TEX . CODE CRIM .
PROC. art. 11.07.
The judgments in these cases specifically order that the sentences run concurrently with each
other “and Federal Cause Number 15-CR-01090 from Corpus Christi, Texas.” Applicant contends,
among other things, that his pleas were involuntary because the plea agreements were conditioned
on his state and federal sentences running concurrently and that his sentences are not running
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concurrently with his federal sentence. Applicant has alleged facts that, if true, might entitle him to
relief. Ex parte Huerta, 692 S.W.2d 681 (Tex. Crim. App. 1985).
These cases were remanded on February 24, 2021 for a response from counsel and findings
from the trial court addressing this issue. The trial court made findings of fact and conclusions of
law, but they were made without evidence from trial counsel and do not specifically address whether
Applicant’s state sentences are running concurrently with his federal case, and whether this affects
the voluntariness of his guilty pleas.
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 trial counsel
to respond to Applicant’s claim. 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 supplemental findings of fact and conclusions of law as to whether
Applicant is receiving credit on his federal sentence and whether the plea agreements cannot be
followed because they were conditioned on Applicant’s state and federal sentences running
concurrently. 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
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findings and conclusions and the records 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: June 16, 2021
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