Galindo, Moses

• Court: Court of Criminal Appeals of Texas
• Decided: June 14, 2006
• Docket: WR-64,809-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. 64,809-01 EX PARTE MOSES GALINDO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

FROM CAUSE NO. 00-01-9294-A

IN THE 24TH DISTRICT COURT OF DE WITT COUNTY

Per curiam.

O R D E R

This is an application for a writ of habeas corpus which was transmitted to this Court pursuant to the provisions of Tex. Code Crim. Proc. art. 11.07. Applicant was convicted of the offense of aggravated assault with a deadly weapon, and punishment was assessed at fifteen years' confinement. Applicant's conviction was affirmed on appeal. Galindo v. State, No. 13-02-00503-CR (Tex. App. --Corpus Christi, delivered August 12, 2004, pet. ref'd).

Applicant contends that he received ineffective assistance of counsel, his guilty plea was involuntary and unknowing, the State failed to disclose exculpatory material, and he is actually innocent.

The trial court has not entered findings of fact or conclusions of law. We believe that Applicant has alleged facts that, if true, might entitle him to relief. Therefore, it is this Court's opinion that additional facts need to be developed and because this Court does not hear evidence, the trial court is the appropriate forum. The trial court shall resolve those issues as set out in Tex. Code Crim. Proc. art. 11.07, § 3 (d), in that it shall order an affidavits from trial counsel, Brian Hendrix, or it may order a hearing. In the appropriate case the trial court may also rely on its personal recollection. The trial court shall also forward any records regarding Applicant's guilty plea and the admonishments given prior to the acceptance of the plea.

If the trial court elects to hold a hearing, the court shall first decide whether Applicant is indigent. If the trial court finds that Applicant is indigent and Applicant desires to be represented by counsel, the trial court will then, pursuant to the provisions of Tex. Code Crim. Proc. art. 26.04, appoint an attorney to represent him at the hearing.

Following receipt of additional information, the trial court shall make findings of fact as to whether Applicant received ineffective assistance of counsel; whether his guilty plea was voluntarily and knowing; whether the State failed to disclose exculpatory material; whether Applicant is actually innocent; and whether the affidavits submitted by Applicant are credible. The trial court shall also make any further findings of fact and conclusions of law it deems relevant and appropriate to the disposition of the application for writ of habeas corpus.

Because this Court does not hear evidence, Ex Parte Rodriquez, 334 S.W.2d 294 (Tex. Crim. App. 1960), this application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. Resolution of the issues shall be accomplished by the trial court within 90 days of the date of this order. ⁽¹⁾ 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 be returned to this Court within 120 days of the date of this order. ⁽²⁾

IT IS SO ORDERED THIS THE 14th DAY OF JUNE, 2006.

EN BANC

DO NOT PUBLISH

1.

In the event any continuances are granted, copies of the order granting the continuance shall be provided to this Court.

2.

Any extensions of this time period shall be obtained from this Court.