Mendoza, Adrian

• Court: Court of Criminal Appeals of Texas
• Decided: June 28, 2006
• Docket: WR-64,958-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-64,958-01 EX PARTE ADRIAN MENDOZA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. S-03-3303-4CR IN THE 36^TH JUDICIAL DISTRICT COURT

FROM SAN PATRICIO 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 murder and sentenced to twenty-five (25) years' imprisonment. The Thirteenth Court of Appeals dismissed his appeal for want of jurisdiction. Mendoza v. State, No.13-04-501-CR (Tex. App. - Corpus Christi, November 18, 2004, no pet.).

Applicant contends that his trial counsel rendered ineffective assistance, causing his plea of guilty to be involuntary. Specifically, Applicant contends that counsel stated that Applicant would receive a greater sentence if he went to trial; ignored Applicant's requests for a jury trial in which Applicant could confront the witnesses against him; and was unprepared on the day of the trial, so that Applicant believed that he had no choice but to plead guilty.

Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 608 (1984); Ex parte Lemke, 13 S.W.3d 791,795-96 (Tex. Crim. App. 2000). 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 shall provide applicant's trial counsel with the opportunity to respond to applicant's claim of ineffective assistance of counsel. The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d). In the appropriate case, the trial court may rely on its personal recollection. Id.

The trial court shall make findings of fact as to whether applicant's trial attorney told Applicant that he would receive a greater sentence if he went to trial; ignored Applicant's requests for a jury trial; and was unprepared on the day of the trial. The trial court shall also make findings as to whether Applicant's plea of guilty was voluntary. The trial court shall 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. The trial court shall supplement the habeas record with copies of all documents upon which its findings are based, including copies of the indictment, plea papers, affidavits, any hearing transcripts, and any other relevant documents.

This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within ninety (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, along with the trial court's supplemental findings of fact and conclusions of law, shall be returned to this Court within one hundred twenty (120) days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: June 28, 2006

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