## 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-92,207-01

EX P ARTE MANUEL AG UILAR DELACRUZ , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 1298-A IN THE 31ST DISTRICT COURT

F ROM LIP SCOMB COUNTY

Per curiam . O R D E R Applicant pleade d g uilty to possession of child pornog raphy , and was sentenc ed to ten y ear s’ imprisonment. He did not appea l his conviction. Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant conte nds, among other things, that his ple a was involuntary beca use he was not 1 proper ly advised by trial counsel of the nature of the char g es and what the State would have to prove if he elec ted to g o to trial. Applicant appar ently pleade d g uilty at the same time to four other char g es

This Court has considere d Applicant’s other claims and finds them to be w ithout merit. 12

of possession of child pornog raphy (althoug h this habea s application is t h e only one befor e this Court). I n eac h case , Applicant rece ived a ten-y ear sentenc e, the maxi mum sentenc e for the t hird deg ree felony offe nse. I n addition, the trial court order ed all fi ve sentenc es to run consec utively , resulting in a combined sentenc e of fifty y ear s’ i mprisonment. Ap p licant allege s that he believed that he was pleading g uilty in exchang e for a ten-y ear sentenc e, and was not awa re that the sentenc es could be order ed to run consec utively

. Applicant alleg es that he g ained nothing by pleading g uilty and would have g one to trial on the char g es had he been awa re of the possibili t y o f co n s ec u t ive sentenc es. Applicant has alleg ed fac ts tha t, if true, might entitle him to relief

. Brady v. United States , 397 U.S. 742 (1970). 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 court shall order trial counsel t o re s p o nd to Applicant’s claims. Specifica lly , trial counsel shall descr ibe the actions he took in this c ase, including investiga tions a nd plea neg otiations with the State. Trial counsel shall state what advice , if any , he g ave to Applicant about his options for pleading g uilty or g oing to trial, and whether he advised Applicant of wha t the State would have to prove if he went to trial on the char g es. Trial counsel shall state whether he advised Applica n t o f the punishment rang e for the char g es and of the possibili ty of consec utive sentenc es. Trial co u n sel shall state what if any consideration was g iven by the State in exchang e for Applicant’s g uilty

plea. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court el ec t s t o hold a hear ing, it shall deter mine whether Applicant is indige nt. I f Appl icant is indige nt and wants to be represe nted by counsel, the trial court shall appoint coun s el to r epre sent him a t 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 a ppointed or3

reta ined, the trial c ourt 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 wa s deficie nt and whethe r Applica nt was pre

judiced. The trial court shall also make finding s of fact and conclusions of law as to whether Applicant’s p l ea wa s i n v oluntary

. The trial court may make any other fi n d i n gs an d conclusions that it deems appropr iate in response to Applicant’s c laims. The trial court shall make findings of fac t and c o n cl usions of l aw within 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 finding s and conclusions, order s, and transc ripts 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.

Filed: January

27, 2021 Do not publish