Aguilar, Ex Parte Evangelica

• Court: Court of Criminal Appeals of Texas
• Decided: October 18, 2006
• Docket: AP-75,526
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,526 EX PARTE EVANGELICA AGUILAR, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 95-CR-1739-H IN THE 347^TH DISTRICT COURT

FROM NUECES COUNTY

Per curiam.

O R D E R

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 murder and sentenced to twenty-five years' imprisonment. The Thirteenth Court of Appeals affirmed her conviction. Aguilar v. State, No. 13-97-00348-CR (Tex. App.--Corpus Christi, delivered May 6, 1999, pet. ref'd).

Applicant contends that trial counsel was ineffective for, among other things, eliciting and failing to object to prejudicial testimony. We order that this application be filed and set for submission to determine whether counsel's errors should be considered individually or cumulatively under Strickland v. Washington, 466 U.S. 668, 80 L. Ed. 2d 674, 104 S. Ct. 2052 (1984). The parties shall brief the issue.

It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before December 18, 2006.

Filed: October 18, 2006

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