IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,233-01
EX PARTE MARK MOLINA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2012CR4792-W1 IN THE 186TH DISTRICT COURT
FROM BEXAR 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 possession of
marijuana and sentenced to six years’ imprisonment. He did not appeal his conviction.
Applicant contends, among other things, that his trial counsel was ineffective and his plea
involuntary. Applicant was charged by indictment with possession of marijuana in an amount of
five pounds or more but less than fifty pounds. The offense was a third degree felony, with a
punishment range of two to ten years’ imprisonment. TEX . HEALTH & SAFETY CODE
§481.121(b)(4); TEX . PENAL CODE § 12.34.
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Applicant’s trial counsel has provided an affidavit, however, counsel fails to state the specific
range of punishment he advised Applicant he was facing. If Applicant pleaded guilty because he
believed that he would be subject to a sentence of fifteen to 99 years’ or life imprisonment if he were
convicted at trial, then his plea may not have been knowingly and voluntarily entered.
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
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).
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 counsel
incorrectly advised Applicant of the punishment range. The trial court shall make findings of fact
and conclusions of law as to whether the performance of Applicant’s trial counsel was deficient and,
if so, whether counsel’s deficient performance prejudiced Applicant. The trial court shall make
findings of fact and conclusions of law as to whether Applicant understood the nature and
consequences of his plea. 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
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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 shall
be obtained from this Court.
Filed: October 5, 2016
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