Case Information
*1 IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,691-01
EX PARTE MICHAEL JAMES GUERRA, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1447236-A IN THE 185 DISTRICT COURT TH
FROM HARRIS COUNTY
Per curiam . Y EARY , J. filed a concurring opinion, joined by K ELLER , P.J. and S LAUGHTER , J.
O R D E R
Applicant was convicted of aggravated sexual assault of a child and sentenced to fifty years’ imprisonment. The First Court of Appeals affirmed his conviction. Guerra v. State , No. 01-15- 00650-CR (Tex. App.—Houston [1 Dist.] Oct. 25, 2016)(not designated for publication). Applicant st
filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See T EX . C ODE C RIM . P ROC . art. 11.07.
Applicant contends that trial counsel was ineffective by encouraging the venire panel to give Applicant the maximum sentence, failing to hire experts, and inadequately preparing Applicant to testify. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington ,
2 466 U.S. 668 (1984). Accordingly, the record should be developed. The trial court is the appropriate forum for findings of fact. T EX . C ODE C RIM . P ROC . art. 11.07, § 3(d). The trial court shall order trial counsel to respond to Applicant’s claim. 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. It appears Applicant is represented by counsel. If Applicant is indigent and wants to be represented by counsel, the trial court shall appoint counsel to represent him at the hearing. See T EX . C ODE C RIM . P ROC . 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 T EX . R. A PP . P. 73.4(b)(4). Any extensions of time must be requested by the trial court and obtained from this Court.
Filed: May 11, 2022
Do not publish