## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-81,751-02

EX P ARTE JUAN DAM AS RODRIG UEZ, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 10-4033 IN THE 106 DISTRICT COURT T H F ROM G AINES COUNTY

Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of ag g rava ted sexual assault of a child and two counts of inde cenc y with a child by contac t. H e was sentenc ed to thirty

five y ear s’ imprisonment in the ag g rava ted sexual assault case and twenty y ear s’ imprisonment in

eac h indece ncy with a child case . The E l ev en t h C o urt of Appea ls aff irmed his conviction. Rodriguez v. State , No. 11-11-00046- CR (Tex. App.—Eastland Fe b. 14, 2013) (not desig nated for publication). Applicant contends that both trial coun s el and appellate counsel rende red ineffe ctive2

assistance

. He alleg es trial counsel’s failure to fully advise him a

bout the terms of a proposed plea barg ain rende red his decision to reje ct the offe r involuntary

. He also alleg es that trial counsel did not object to i mproper outcry witnesses. He alleg es that appellate counsel did not notify him that rehe aring was denied and that counsel wo uld not be pursuing dis cre tionary revie w. Appli cant has alleg ed fac ts that, if true, might entitle h i m to relief

. I n these circ umstances, additional fac ts are neede d. As we held in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate forum for finding s of fac t. The trial court shall order trial counsel and appellate counsel to respond to Applicant’s claims of ineffe ctive assi s t an ce of counsel. The trial court may use any means set out in T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). I n the ap p ro p ri at e

case , the trial cour

t may rely on its personal re collection. Id

. I f the trial c ourt elec ts to hold a hearing , it shall determine whether Applicant is indig ent. I f Applicant is indige nt and wish es t o be repr esente d by counsel, the trial court shall appoint an attorney to repre sent Applicant a t the hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make finding s of fac t and conclusions of law in reg ard to A pplicant’s claims of ineffe ctive assistance of trial and appellat e co u n s el

. The trial court shall make specific finding s addre ssing whether trial counsel fully discussed all aspec ts of any proposed plea offe rs in timely fashion. The trial court shall also make finding s addre ssing whethe r t h e al l eged outcry testimony was objectionable and whether trial counsel made appropr iate objections. The trial court shall make specific finding s addre ssing whether appellate counsel appropr iately advised Applicant of his rig ht to file a pro-se petition for discretionar y revie w, and whether he timely notified Applicant that rehe aring had been denied. The trial court shall also make any other fin d i n gs o f fac t and3

conclusions of law that it deems relevant a n d ap p ropriate to the di sposition of Appli cant’ s claims for ha beas c orpus re lief. This application will be held in abey ance until the trial court has resolved the fac t issues. The issues shall b e re s o l v ed within 90 day s of this order

. A supplemental transcr ipt containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to t his Court within 120 day s of t he date of this order. A ny extensions of ti me shall be obtained f

rom this Court.

Filed: May

20, 2015 Do not publish