IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-WR-86,428-01
EX PARTE SERGIO LOUIS TREVINO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 14-1951-CR-C 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 three counts of
aggravated sexual assault of a child and two counts of indecency with a child. He was sentenced to
seventy years’ imprisonment for each aggravated sexual assault count and fifteen years’
imprisonment in each indecency with a child count.
Applicant contends that the trial court wrongfully certified that he had no right of appeal, and
that counsel rendered ineffective assistance because counsel did not advise Applicant of his right to
appeal the punishment hearing.
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Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999); Ex parte
Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988). 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 of ineffective assistance of counsel. 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 Applicant
had a right to appeal the outcome of the punishment hearing. If the court finds that Applicant waived
any appeal, it shall make specific findings as to when that waiver occurred, relative to the time of
the punishment hearing and assessment of sentence. The court shall also make specific findings of
fact as to how counsel advised Applicant of his right to appeal, if any, and any waivers Applicant
may have executed. 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 claims 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: March 29, 2017
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