## 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-84,766-01

EX P ARTE GILBERT S ANCHEZ, A ppl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 20100D02745-120-1 IN THE 120TH DIST RICT COURT

F ROM EL P ASO COUNTY

Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 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 convicted of ag g ravated sexual assault and sentenc ed to six ty -five y ear s’ imprisonment. The Eig hth Court of Appea ls aff irmed his conviction. Sanchez v. State , No. 08-11-00137- CR (Tex. App.—El Paso J un. 20, 2014) (not desig nated f

or publication). In four g rounds, Applicant contends his trial counsel rende red ineffe ctive assistance

. The Sta t e fi led a proposed order designating issues, but it was not signe d by the trial court and no finding s of fa ct and c onclusions of law we re ma de.2

Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984); Rock v. Arkansas , 483 U.S. 44, 50-53 (1987) ; Ex parte Patterson , 993 S.W .2d 114, 115 (Tex. Crim. App. 1999). The writ rec ord contains an aff idavit from trial counsel. Howeve r, in 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 fin d i n gs o f fa ct

. I f

nece ssary , the trial court shall order trial counsel to provide a supplemental response to Applicant’s claims of ineffe ctive assistance of counsel. 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 n the appropr iate case , the trial court may rely on its persona l

rec ollection. Id

. It appea rs that Applicant is repr esente d by counsel. I f the trial court elec ts to hold a hearing, it sha ll de termine if Applicant is repr esente d by counsel, and if not, whether Applicant is indig ent. 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 hearing. 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 fact and conclusions of law addre ssing Applicant’s claims that counsel was ineffe ctive. The court shall make finding s of fac t and conclusions of law as to whether the perf

ormanc e of Applicant’s trial counsel was defic ient and, if so, whether counsel’s defic ient perf

ormanc e prejudiced Applicant. The trial court shall also make any other findings of fac t and conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s claim for ha

beas c orpus re lief. 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 transcript 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 hearing or3

deposition, alongwith the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court within 120 day s of t he date of this order. Any extensions of ti me shall be obtained f

rom this Court. Filed: May

25, 2016 Do not publish