## 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-88,857-01

EX P ARTE REBE CA RENTERIA, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 58-14-B(A) IN THE 25 DISTRICT COURT T H F ROM G ONZA LES 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 injury to a child

an d s entenced to life imprisonment. The Thirteenth Court of Appea ls aff irmed her convicti o n . Renteria v. State , No

. 13-15-00574- CR (Tex. App. Corpus Christi-Edinburg Aug

. 3, 2017)(not desig nated f

or publication). Applicant contends that her trial counsel rende red ineffe ctive assistance by failing to reque st pay m en t fo r an expert, failing to hire a medical expert, failing to object from testimony from a

case worke r and the complainant’s foster mother, failing to proper ly prosec ute a motion to suppress2

and fa iling to investig ate a nd prese nt an ade quate de fensive the ory . Applicant has alleg ed fac ts that, if true, might entitle her to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984); Ex parte Patterson , 993 S.W .2d 114, 115 (Tex. Crim. App. 1999). 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 to r espond to A pplicant’s claims of ineffe ctive assistance 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 appropr iate ca se, the trial c ourt may rely on its personal re collection. Id

. I t appea rs that Applicant is repr esente d by counsel. I f the trial court elec ts to hold a hear ing, it shall deter

mine if Applicant is repr esente d by counsel, and if not, whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d b y 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 o f l aw as to whether the perf ormanc e of Applicant’s trial counsel was defic ient and, if so, whe t h er counsel’s defic ient perf ormanc e prejudice d Applicant. The trial court shall also make any other finding s of fac t and conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s claim for habea s corpus re lief. This application will be held in abey ance until the trial court has resolved the fac t issues. The i s s u es s h al l be resolved 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 this Court withi n 120 day s of t he date of this order. A ny extensions of ti me must3

be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: SEPTEMBER 12, 2018 Do not publish