## 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-92,027-01

EX P ARTE RONNIE LEE NATHO, SR., App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. CR6193A IN THE 33RD DISTRICT COURT

F ROM LLANO COUNTY

Per curiam . O R D E R Applicant was convicted of misapplication of fiduciar y proper ty of an elder ly individual and sentenc ed to twenty -five y ear s’ imprisonment. The Third Court of Appea ls aff irmed his conviction. N a t h o v. State , No. 03-11-00498- CR (Tex. App. — Austin Fe b. 6, 2014) (not desig nated fo r 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 that trial counsel was ineffe ctive beca use counsel failed to challeng e the competenc y of the complainant pursuant to Texas Rule of Evidence 601, based on the fac t that she suffe red f rom Alzheimer’s disea se at the time she g ave the deposition that was introduce d at trial, failed to cross-e x amine the complainant during that deposition in order to impeach her on the basis2

of her mental condition, and failed to ob j ec t when the complainant’s g rand- daug hter, who was prese nt during the deposition, testified at trial afte r Texas Rule of Evidence 614 (“the rule” ) had been invoked during the deposition and at trial. 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 court shall order trial counsel to respond to Applicant’s claims. I n deve l oping the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f t he trial court elects t o hold a hearing , it shall determine whether Applicant is indige nt. I f Applicant is indige nt and wants 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 co u n s el i s ap pointed or reta ined, the trial court shall immediately notify this Court of counsel’s na

me. 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 Ap p l i ca n t wa s prejudice d. The trial court may make any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. The trial cour t s hall make findings of fac t and conclusions 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, af fidavits, motions, objections, proposed finding s 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: Dec ember 9, 2020 Do not publish