Pinto, Roberto

• Court: Court of Criminal Appeals of Texas
• Decided: February 15, 2023
• Docket: WR-94,486-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-94,486-01

EX PARTE ROBERTO PINTO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 81130-CR-A IN THE 23RD DISTRICT COURT FROM BRAZORIA COUNTY

Per curiam.

ORDER

Applicant was convicted of prohibited substance/item in a correctional facility and sentenced

to three years’ imprisonment. He did not appeal his conviction. Applicant filed this application for

a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court.

See TEX . CODE CRIM . PROC. art. 11.07.

Applicant contends, among other things, that his plea was involuntary because it was coerced

and because trial counsel did not correctly advise him regarding his eligibility for deferred

adjudication community supervision. Applicant has alleged facts that, if true, might entitle him to

relief. Brady v. United States, 397 U.S. 742 (1970); Hill v. Lockhart, 474 U.S. 52 (1985).

Accordingly, the record should be developed. The trial court is the appropriate forum for findings 2

of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall order trial counsel to

respond to Applicant’s claims. In developing the record, the trial court may use any means set out

in Article 11.07, § 3(d). If the trial court elects to hold a hearing, it shall determine whether

Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the trial court

shall appoint counsel to represent him at the hearing. See TEX . CODE CRIM . PROC . art. 26.04. If

counsel is appointed or retained, the trial court shall immediately notify this Court of counsel’s

name.

The trial court shall make findings of fact and conclusions of law as to whether Applicant’s

plea was involuntary. The trial court shall also make findings of fact and conclusions of law as to

whether trial counsel’s performance was deficient and Applicant would have insisted on a trial but

for counsel’s alleged deficient performance. The trial court may make any other findings and

conclusions that it deems appropriate in response to Applicant’s claims.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested

by the trial court and obtained from this Court.

Filed: February 15, 2023 Do not publish