## 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-85,408-01

EX P ARTE P EDRO VALENTIN-ESCOB AR, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. F -2014-1145- A WHC-1 IN THE 16TH DIS TRICT COURT

F ROM DENTON COUNTY

P E R C U R IA M . A L C A L A , J . , f i l e d a c o n c u r r i n g o p i n i o n i n w h i c h J O H N S O N , J . , j o i n e d .
O R D E R Pursuant to the p ro v i s i o n s of Article 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. 196 7). Applicant was convicted of eng ag ing in org anized criminal activity and sentenc ed to sevente en y ear s’ imprisonment. He did not appea l his conviction. Applicant contends that his plea was involuntary beca use counsel advised Ap p l i cant incorre ctly as to his parole elig ibilit y . Ex parte Moussazadeh , 361 S.W .3d 684, 691–92 (Tex. Crim.2

App. 2012); T E X . G O V ’ T . C O D E § 508.145(d)( 1). Applicant has alleg ed fac ts that, if true, might entitle him t o re l i ef

. 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 provide Applicant’s trial counsel with the opportunity to respond t o Ap plicant’s claim of ineffe 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 the trial c ourt elec ts to hold a hear ing, it shall determine whe ther Applica nt is indi g ent. I f Applicant is indige nt and wi s h es to 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 a nd conclusions of law in r eg ard to Applicant’s claim that his plea was involuntary

. The trial court shall make specific finding s as to whether counsel told Applicant that he would be elig ible for parole in two y ear s, despite a conviction for an offe nse that is not elig ible for parole until time serve d equals one-ha lf the sentenc e. I f the co u rt finds counsel err ed, it shall make specific finding s as to whether there is a rea sonable probability that, but for counsel’s err ors, Applicant would have insisted on a trial. T h e t ri al 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 claim for ha

beas c orpus re lief. T h i s 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 order

. A supplemental transcr ipt containing all aff

idavits and interrog atories or the transcr iption of the court repor ter’s notes from any hear ing or deposition, along with the trial court’s supplemental finding s of fac t a nd conclusions of law, shall be forwar ded to this Court within 120 day s of t he date of t his order

. Any extensions of3

time must be requeste d by the trial cour

t and shall be obtaine d from this Court. Filed: Oc tober 5, 2016 Do not publish