Trevino, Sergio Louis

• Court: Court of Criminal Appeals of Texas
• Decided: March 29, 2017
• Docket: WR-86,428-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-WR-86,428-01

EX PARTE SERGIO LOUIS TREVINO, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 14-1951-CR-C IN THE 25TH DISTRICT COURT FROM GUADALUPE COUNTY

Per curiam.

ORDER

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 a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three counts of

aggravated sexual assault of a child and two counts of indecency with a child. He was sentenced to

seventy years’ imprisonment for each aggravated sexual assault count and fifteen years’

imprisonment in each indecency with a child count.

Applicant contends that the trial court wrongfully certified that he had no right of appeal, and

that counsel rendered ineffective assistance because counsel did not advise Applicant of his right to

appeal the punishment hearing. 2

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

466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999); Ex parte

Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988). In these circumstances, additional facts are needed.

As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is

the appropriate forum for findings of fact. The trial court shall order counsel 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).

If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent.

If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an

attorney to represent Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.

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

had a right to appeal the outcome of the punishment hearing. If the court finds that Applicant waived

any appeal, it shall make specific findings as to when that waiver occurred, relative to the time of

the punishment hearing and assessment of sentence. The court shall also make specific findings of

fact as to how counsel advised Applicant of his right to appeal, if any, and any waivers Applicant

may have executed. The trial court shall also make any other findings of fact and conclusions of law

that it deems relevant and appropriate to the disposition of Applicant’s claims for habeas corpus

relief.

This application will be held in abeyance until the trial court has resolved the fact issues. The

issues shall be resolved within 90 days of this order. 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 3

be forwarded to this Court within 120 days of the date of this order. Any extensions of time must

be requested by the trial court and shall be obtained from this Court.

Filed: March 29, 2017 Do not publish