Ex parte Saenz

491 S.W.3d 819
CourtCourt of Criminal Appeals of Texas
DecidedJune 15, 2016
DocketNO. WR-80,945-01
StatusPublished
Cited by55 cases

This text of 491 S.W.3d 819 (Ex parte Saenz) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex parte Saenz, 491 S.W.3d 819 (Tex. 2016).

Opinion

OPINION

Alcala, J.,

delivered the opinion for a unanimous Court.

This is an application for a post-conviction writ of habeas corpus. Tex.Code Crim. PR0C. art. 11.07. In an “amended”1 application, Heriberto Saenz, Applicant, challenges his convictions for murder and aggravated assault on the basis that he received ineffective assistance of counsel at his trial. In particular, Applicant contends that trial counsel failed to impeach one of the State’s witnesses, Jerry Gonzalez, with a prior inconsistent statement Gonzalez made in an interview with the police, and Applicant further contends that he was prejudiced as a result of counsel’s error. We filed and set this application to decide whether we can consider Applicant’s amended application and, if so, whether trial counsel was ineffective. We conclude that the plain language of Article 11.07 permits this Court to consider Applicant’s amended application, that the doctrine of laches does not preclude our consideration of this matter, and that Applicant has established his ineffective-assistance-of-counsel claim based on counsel’s failure to adequately challenge the evidence used to establish Applicant’s identity as the person who committed the offense. We grant relief.

I. Background

At around eleven at night on September 30, 2009, four people were shot in a drive-by shooting at a house on Sabinas Street in a neighborhood in Corpus Christi known [822]*822as La Quare or La Quarenta,- The driver reached out of the window of his vehicle as he drove by the. house and shot a 9-millimeter semi-automatic pistol at the four people who were gathered outside of the house. All four people were struck by bullets, with one of them sustaining fatal gunshot wounds.

The State charged Applicant with three counts of aggravated assault for shooting Charles Castillo, who had been sitting on the porch of the house; Jose Azua, who had been standing by the front of the driveway; and Jerry Gonzalez, who had been standing by the fence in the front yard, closer to the street. The State also charged Applicant with one count of murder for killing Claryssa Silguero, who had been standing near Gonzalez.

■The State’s theory of the case was that Applicant was involved with Suicidal Barrio, a Corpus Christi gang, and that he did the shooting in retaliation against the La Quarenta gang in response to- a prior assault 'against an individual who was allegedly‘associated with Suicidal Barrio, Robert Pimentel. -According to the State, a week before the shooting, Applicant saw a group of people-from La Quarenta assaulting Pimentel, but Applicant failed to assist him. When- he was assaulted, Pimentel was with • Samantha . and Mary Molina, whose family was involved with Suicidal Barrio. The State asserted that, because Applicant had failed to assist Pimentel during the assault, Applicant had a duty to his- gang to retaliate against L.a Quarenta for that assault.

At trial, the State presented evidence that Applicant was involved with Suicidal Barrio and drove a truck like the one the shooter drove. Detective Rodriguez testified that, while in the hospital, Gonzalez identified Applicant as the shooter in a photospread. Detective Rodriguez also, said that Gonzalez had agreed that a photograph of Applicant’s truck matched the shooter’s track. Later, when he testified during Applicant’s trial, Gonzalez identified- Applicant as the person who shot at him.

The State also presented other evidence at trial that connected Applicant to the approximate location where the shooting occurred. Applicant’s ■ cell-phone records from the night of the shooting were introduced and compared with Global Positioning System (GPS) locations of cell-phone towers in the Corpus Christi area. The State then elicited testimony from Detective Ben Tead' that, before and shortly after the shooting, Applicant had called other known or suspected members of Suicidal Barrio arid was in the viciriity of the house where the shooting, had occurred.

The State further presented evidence of Applicant’s statements that it maintained connected him to the drive-by shooting. Heather McCracken, a friend of Applicant’s, testified that, between 10:00 p.m. and 11:00 p.m. on the night of the shooting, she and Applicant talked on the phone, and he told her that “he thinks that he was going to go hit up the Quare hood,” Bo Villanueva, who was the cousin of the victim who had been murdered, testified that, while he was in the Nueces County Jail, Applicant told him that “he had did a shooting or something like that” and “it was like some Quare heads or something like that.”

Applicant questioned the credibility of the State’s witnesses and the plausibility of the charges. He argued that he was targeted by the policé because he was involved with Suicidal Barrio and drove a red Ford F-150 truck. He urged the jury to reject Gonzalez’s testimony because Gonzalez was a felon who could not be trusted, he had been manipulated by the police, and, having been shot in the back, he could not have observed, the driver of the truck on the night of the shooting. Applicant pointed out that Villanueva, a [823]*823felon and relative of the deceased victim, was not a credible witness. Finally, he argued that the State’s evidence of motive was manufactured or, alternatively, too speculative.

Applicant was convicted and sentenced to imprisonment for seventy years for the murder count and twenty years for each of the aggravated assault counts. The Thirteenth Court of Appeals affirmed his convictions. Saenz v. State, No. 13-10-00216-CR, 2011 WL 578757 (Tex.App.-Corpus Christi Feb. 17, 2011) (not designated for publication).

Applicant filed an initial habeas application in September 2012, and the habeas court rendered an order designating issues. About a year later, in October 2013, Applicant filed an amended application, in which he claimed that trial counsel was ineffective for failing to impeach Gonzalez. The focus of Applicant’s amended complaint was that, although trial counsel had challenged Gonzalez’s identification testimony in other respects, trial counsel had failed to impeach Gonzalez’s trial testimony with a prior inconsistent statement he had made in an interview with the police shortly after the shooting. In that interview, Gonzalez stated, among other things, that if he saw the shooter again, he would not recognize him.

Trial counsel responded in a sworn affidavit, and Applicant and the State deposed him. After hearing the parties’ arguments, the habeas court made findings of fact and conclusions of law, in which it determined that trial counsel’s performance was not deficient and that, even if it were, Applicant was not prejudiced. The habeas court also concluded, in the alternative, that Applicant’s amended application was not properly before it and should not be considered because it operated as a surprise to'both the State and trial counsel and thus was barred by the equitable doctrine of laches. In light of the State’s arguments and the habeas court’s determinations in this case, we must address the threshold procedural questions as to this Court’s jurisdiction over Applicant’s amended application and as to laches before considering the substantive merits of Applicant’s claims.

II. Consideration of tfye Amended Application Is Not Statutorily Barred

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Cite This Page — Counsel Stack

Bluebook (online)
491 S.W.3d 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-saenz-texcrimapp-2016.