## 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-92,376-02

EX P ARTE OSCE AS CANTU, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 2015-DCR- 00691-C IN THE 197 DISTRICT COURT T H F ROM CAM ERON COUNTY

Per curiam . Y E A R Y , J . filed a c oncurr ing opinion joined by S L A U G H T E R , J

. O R D E R Applicant was convicted of continuous sexual abuse of a child and sentenc ed to seventy -five y ear s’ imprisonment. The Thirteenth Court of Appea ls aff irmed his conviction. Cantu v. State , No. 13-16-00002- CR (Tex. App.—Corpus Christi-Edinburgh J uly 13, 2017)(not desig nated for publication). Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district cle rk for

war ded it to this C ourt. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends, among other things, that trial counsel was ineffe ctive by failing to hire a medica l expert, failing to hire a psy cholog ist, failing to investig ate a nd prese nt evidence of false memories. Applicant also alleg es that there are new scientific studies which contra dict the testimony of the S ex u al As sault Nurse Ex aminer’ s testimony from his trial and if such new scientific2

information had been known at t he ti me of his trial, he would not have bee n co nvicted. See T E X . C O D E C R I M . P R O C . art. 11.073. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984). Acc ording ly , the rec ord should be develope d. The trial court is the appropr iate forum for finding s of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). The trial c ourt shall order trial counsel to re spond to Applicant’s claim. I n developing the re cord, the trial cour

t may use any means set out in Article 11.07, § 3(d). I f the trial c ourt elec ts to hold a hear ing, it sha ll determine whe ther Applica nt is indi g ent. I f Applica nt is indi g ent and wa

nts to be repr esente d by counsel, the trial court shall appoint counsel to repr esent him at the hear ing. See T E X . C O D E C R I M . P R O C . art. 26.04. I f counsel is appointed or reta ined, the trial court shall immediately notify this Court of counsel’s name

. The trial court shall make finding s of fac t and conclusions of law as to whether trial counsel’s perf ormanc e was defic ient and Applica nt was pre

judiced. The trial court shall also make finding s

as to whether there is ne w scientific inf ormation which c ontradicts testimony at trial such that had the new scienc e been known at the time of trial, Applicant would not have been convicted. The trial court may make any other finding s and conclusion s t h at i t d eems appropr iate in response to Applicant’s c laims. The trial court shall make findings of fac t and conclusions of l aw wi t h i n ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, objections, proposed fin d ings and conclusions, order s, and transcr ipts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court.3

Filed: Aug ust 24 , 2022 t h Do not publish