Valentin-Escobar, Pedro

• Court: Court of Criminal Appeals of Texas
• Decided: October 5, 2016
• Docket: WR-85,408-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-85,408-01

EX PARTE PEDRO VALENTIN-ESCOBAR, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F-2014-1145-A WHC-1 IN THE 16 TH DISTRICT COURT FROM DENTON COUNTY

ALCALA , J., filed a concurring opinion in which JOHNSON , J., joined.

CONCURRING OPINION

I join this Court’s remand order because I agree with its observation that applicant has alleged

facts that “if true, might entitle him to relief.” Because applicant has pleaded a colorable

ineffective-assistance-of-counsel claim, I would order the habeas court on remand to appoint counsel

for him upon request if he is indigent, regardless of whether the trial court holds a hearing. See Ex

parte Pointer, 492 S.W.3d 318, 320-21 (Tex. Crim. App. 2016) (per curiam) (Alcala, J., concurring).

At a minimum, however, in addition to this Court’s order’s current admonition that the appointment

of counsel is mandatory for an indigent applicant upon request if the habeas court holds a hearing,

I would include a further admonishment that an indigent applicant is “entitled” to the appointment

of counsel upon request “if the court concludes that the interests of justice require representation.”

See TEX . CODE CRIM . PROC. ART . 1.051(d).

Filed: October 5, 2016 Do Not Publish