IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,551-01
EX PARTE ANGEL MEDINA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1588954-A IN THE 184TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to aggravated sexual assault of a child and was sentenced to forty
years’ imprisonment. 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 his plea was involuntary because trial counsel told him he would
receive probation if he pleaded guilty. He also contends that counsel did not investigate or present
punishment evidence. Applicant has alleged facts that, if true, might entitle him to relief. Hill v.
Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781 (Tex. Crim. App. 2013).
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). According to Applicant’s motion to remand, trial
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counsel is deceased. If a response from counsel is impossible, the trial court shall determine whether
counsel’s file from this case is available for inspection. In developing the record, the trial court may
use any means set out in Article 11.07, § 3(d), including the court’s personal recollection. It appears
that Applicant is represented by counsel. If the trial court elects to hold a hearing, it shall determine
if Applicant is represented by counsel, and if not, 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 trial counsel’s
performance was deficient and Applicant would have insisted on a trial but for counsel’s alleged
deficient performance. The trial court shall also make findings of fact and conclusions of law as to
whether trial counsel was ineffective for not discovering and presenting mitigation evidence. 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: June 23, 2021
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