Castillo, John Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: June 20, 2007
• Docket: WR-65,524-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-65,524-01 EX PARTE JOHN CASTILLO, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 99F0126-202-A IN THE 202ND DISTRICT COURT

FROM BOWIE 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of driving while intoxicated and sentenced to ten years' imprisonment. He did not appeal his conviction.

Applicant contends that his plea was involuntary because he was not aware of the enhancement paragraph at the time he pleaded guilty in absentia. Applicant additionally asserts that he pleaded guilty with the understanding that the good and work time credits he earned while serving a sentence in Arkansas would be applied to his Texas sentence as well. Applicant also alleges that he was improperly arrested and illegally imprisoned following his release to parole by Arkansas authorities following Texas authorities' failure to properly lodge a detainer against him. 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. 1997), the trial court is the appropriate forum for findings of fact. The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d), in that it shall order the Texas Department of Criminal Justice's Correctional Institutions Division and Parole Division or other appropriate authorities, to file affidavits listing Applicant's sentence begin date and the dates of issuance of any detainers.

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 in regard to Applicant's claims that his plea was involuntary and that he was improperly arrested and illegally imprisoned. 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. Additionally, the trial court shall forward any records regarding Applicant's guilty plea and the admonishments given prior to the acceptance of the plea.

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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. A supplemental transcript containing all affidavits or the transcription of the court reporter's notes from any hearing, along with the trial court's supplemental findings of fact and conclusions of law, shall be returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: June 20, 2007

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