Torres, Ramon Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: January 11, 2023
• Docket: WR-88,245-05
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-88,245-05

EX PARTE RAMON TORRES, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1541830-A IN THE 208TH DISTRICT COURT FROM HARRIS COUNTY

Per curiam.

ORDER

Applicant was convicted of aggravated sexual assault and sentenced to sixty years’

imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Torres v. State, 609

S.W.3d 595 (Tex. App. — Houston [14th Dist.] September 3, 2020) (pet. ref’d). 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 trial counsel was ineffective because trial

counsel failed to object to improper comments by the prosecutor during closing arguments, failed

to file a motion to allow Applicant to testify without impeachment with prior extraneous offenses

pursuant to Theus v. State, 845 S.W.2d 874 (Tex. Crim. App. 1992), failed to investigate and obtain 2

surveillance video footage from a gas station where the complainant allegedly encountered him

before the offense and returned after the offense, failed to retain a defense D.N.A. expert, and failed

to challenge or strike a venire member who said that he would afford law enforcement officers more

credibility than defense witnesses.

Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,

466 U.S. 668 (1984). Accordingly, the record should be developed. The trial court is the appropriate

forum for findings 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 trial counsel’s

performance was deficient and Applicant was prejudiced. 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. 3

Filed: January 11, 2023 Do not publish