## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NO. WR-83,305-01

EX P ARTE JOSE ELIAS P EREZ-G UERRA, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 2008CRN000610-D 1 (A) IN THE 49T H DISTRICT COURT F ROM WEBB COUNTY

Per curiam . O R D E R Pursuant to the provisions of Ar t i cl e 1 1

. 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 pleade d g uilty to murder and was sentenc ed to forty

y ear s’ imprisonment. He did not appea l his conviction. Applicant conte n d s , a

mo n g o th e r th ing s, that his trial counsel rende red ineffe ctive assistance 1 beca use counsel did not explore or raise a self-de fense theory

. Applicant alleg es that he was acting in self-de fense beca

use t he vic t i m wa s t h re atening him with a weapon and attempting to sexually

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

assault him. 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 o rd er trial counsel to respond to Applicant’s claim of ineffe ctive assistance of counsel. Specifica lly , trial counsel shall state whether there was any evidenc e to indicate that Applicant acte d in self-de fense , and if so, why trial counsel did not advise Applicant to g o to trial and try to establish self d ef en s e rathe r than pleading g uilty

. 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 court elects t o hold a hearing , it shall deter mine whether Ap p l icant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall appo i n t 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 make finding s of fac t an d co n clus ions of law as to whether the perf ormanc e of Applicant ’s t ri al counsel was defic ient and, if so, whether counsel’s defic ient perf ormance prejudice d Applicant. 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 Applicant’s claim for habea s corpus re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of th i s o rd er . A supplemental 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, shall3

be forwar ded to this Court withi n 120 day s of the date of t his order

. Any extensions of t ime shall be obtained f

rom this Court.

Filed: June 10, 2015 Do not publish