## 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-88,376-01

EX P ARTE EDWARD MA RTINEZ CORONAD O, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 08-04-0175-C RA-AIN THE 81 DISTRICT COURT ST F ROM ATASCOSA COUNTY

Per curiam . Herve

y, J. not participating.

O R D E R Pursuant to the provision s o f Ar t i cle 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. 1967). Applicant was co n v i ct ed of murder and sentenc ed to thirty y ear s’ imprisonment. T h e Fo urth Court of Appea ls aff irmed his conviction. Coronado v. State , No. 04-09-00140- CR (Tex. App.—San Antonio May 12, 2010)(not desig nated for publication). Applicant contends that he was denied his rig ht to counsel during the hear ing on the motion for new trial beca

use he had no counsel when his trial counsel was test i fy i n g reg arding his own ineffe ctiveness at trial. He also alleg es that his trial counsel rende red ineffe ctive assistance by having2

a conflict of interest durin g t h e motion for new trial and by failing to reque st a jury instruction reg ardingmultipl e assa ilants to support his s elf-de fense claim. 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 order

trial and appellate counsel to r espond to A pplicant’s claims of ineff ective a ssistance of counsel. The trial c ourt 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 court elec ts to hold a he aring , it shall determine whe ther Applica nt is indi g ent. I f Applicant i s i ndige nt and wishes to be repr esente d by counsel, the trial court shall appoint 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 as to whether Applicant was denied counsel at any point d uring the hearing on the m otion for new t rial. The trial court shall make a finding as t o wh et h er trial counsel had a conflict of interest during the hear ing on a motion for new tria l. The trial cour t shall make finding s of fac t and conclusions of law as to whether the perf ormanc e of Applicant’s trial counsel or appellate counsel was defic ient and, if so, whether counsel’s d eficient perf ormanc e 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 relief

. This application will be held in abeyance until the trial court has resolved the fac t issues. The i s s u es shall be resolved within 90 day s of this order

. A supplemental transcr ipt containi n g al l aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing or3

deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court wit hin 120 day s of the date of this order. A ny extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: May

23, 2018 Do not publish