## 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-90,751-01

EX P ARTE P ATRICK

LEONARD MARTINEZ , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 20130D04142-171-1 IN THE 171ST DIS TRICT COURT

F ROM EL P ASO COUNTY

Per curiam . O R D E R Applicant was convicted of continuous sexual abuse of a chi l d u n d er 14 and sentenc ed to fifty -two y ear s’ imprisonment. The Eig hth Court of Appea ls aff irmed hi s conviction. Martinez v. State , No. 08-14-00242- CR (Tex. App. — El Paso, May 23, 2018). Applicant filed this application fo r a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to t h i s Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant conte nds that trial counsel wa s ineffe ctive bec ause c ounsel 1) improper ly turned down a

plea of fer without the Applicant’s express per mission t o do so and for

rea sons not articula ted by

Applicant, 2) f

ailed to know the a

pplicable law

to the char g ed off

ense, a nd 3) improperly

g ave the jury

a def inition of reasona

ble doubt, admitted that he thinks his client is g uilty , and made incoher ent and r ambling nonse nsical ar g uments to the jury . Applicant also2

claims his appellate c ounsel failed to pr operly arg ue her motion for new tria l. Applicant has alleg ed fa cts that, if true, mig ht entitle him to relief. Strickland v. W ashington , 466 U.S. 668 (1984). Ac cording ly , the re cord should be de veloped. The trial court is the a ppropriate forum for f indings of f

act. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d) . The trial c ourt shall order both trial and a ppellate c ounsel to respond to Applica nt’s claims. I n developing the re cord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial c ourt elec ts to hold a hear ing, it shall dete rmine whe ther Applica nt is indi g ent. I f Applica nt is indi g ent and wa

nts to be re prese nted by

counsel, the tria l court shall appoint counse l to repre sent him at the hea ring

. See T E X . C O D E C R I M . P R O C . art. 26.04. I f counse l is appointed or re tained, the tria l court shall immediately

notify this Court of counsel’s name

. The trial c ourt shall make f indings of f

act a nd conclusions of lawas to whethe r trial counsel’s pe rfor

mance was de ficient a

nd Applicant wa s prejudice d. The trial c ourt shall also make f indings of f

act a nd conclusions of lawas to whethe r appe llate counse l’s perf ormanc e wa s defic ient and Applica

nt was pre

judiced. The trial court may make a ny other finding s and conclusions that it deems appr opriate in re sponse to Applicant’s c laims. The trial c ourt shall make f indings of f

act a nd conclusions of lawwithin ninety day s from the date of

this order. The district clerk sha ll then immediately forwa rd to this Court the trial court’s f indings a nd conclusions and the r ecor d develope d on rema nd, including, a

mong othe r things, a ffidavits, motions, objections, proposed finding s and conc lusions, orders, and tra nscripts from hea ring s and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of ti me must be reque sted by

the trial cour

t and obtained f

rom this Court.

Filed: F ebrua

ry 26, 2020 Do not publish