## 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-88,821-01

EX P ARTE VICTOR ALDABA SALCEDO, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 31673-A IN THE 3RD DISTRICT COURT

F ROM AND ERSON 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 plea ded g uilty to capital murde r and wa s s en t en ce d to life imprisonment without possibili ty of parole

. He did not appea l his conviction. Applicant contends, among other things, that h is tria l c o u n s e l r e n d e red ineffe ctive assistance 1 resulting in an invol untary plea of g uilty

. Applicant allege s that trial counsel fai l ed t o adequately

This Court has review ed Applica nt’s other c laims and finds them to be without merit. 12

consult with him or provide him with acc ess to the discovery in the case , failed to investigate, failed to neg otiate for a lesser char g e or seek mitigation of punishment, failed to file a motion for a chang e of venue, an d advised him to plead g uilty beca use he had no defe nse to the char g es. Applicant alleg es that there was evidenc e sug g esting that he was insane at the time of the offe nse and that he did not actua lly cause the death of the victim, but that trial counsel did not make use of this evidenc e. Applicant also alleg es that he did not understand the n ature and conseque nces of his plea. Specifica lly , Applicant allege s that he did not understand that he was pleading g uilty i n exchang e for a life sentenc e without possibili ty of parole

. Be cause the State elec ted not to seek the dea t h penalty befor e Applicant decide d to plead g uilty , it is not clea r from the rec ord what benef it, if any , Applicant re ceive d in exchang e for his plea of guilty

. Applicant has alleg ed fac ts that, if true, might entitle him 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 respond to Applicant’s claims of inef fe ctive assistance of counsel and involuntary plea. 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 f t he trial cou rt elec ts to hold a hearing , it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial co u rt s hall appoint an attorney to repre sent Applicant at 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 first supplement the rec ord with a transcr ipt of the plea hear ing. The trial court shall then make finding s of fac t and conclusions of law as to whether t h e p er fo rm an ce of3

A p p li c a n t’ s tria l counsel was defic ient and, if so, whether counsel’s defic ient perf o r ma n c e p r e ju d ic e d Ap p l i ca n t

. T h e trial court shall make finding s of fac t and conclusions of law as to whether Applicant’s g uilty plea was knowing ly and voluntarily enter ed. 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 Applica

nt’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 be resolved within 90 day s of this o rd er . A s u p plemental 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 must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: September

12, 2018 Do not publish