## 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 NOS. WR-88,609-04 , 88,609-05 & 88,609- 06

EX P ARTE JEREMY P AUL CASTILL O, Appl icant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. 37297CR/B, 37298CR/B & 41522CR/B IN TH E 40TH DIS TRICT COURT F ROM ELLIS COUNTY

Per curiam . O R D E R Applicant wa s convicted of two counts of assault and one count of ag g rava ted assault and sentenc ed to five y ear s’ imprisonment in eac h count. He did not appea l his convictions. Applicant filed these applications for writs of habea s corpus in the county of conviction, and the district cler k forwa rded the m to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends, among other things, that g uilty -plea counsel was ineffe ctive beca use he advised Applicant to plead gu i lty without investiga ting his case s. He also contends that in cause number 37298CR/B, his ag g rava ted assault case , he is actua lly innocent and the complainant’s statement to the police w as fa lse. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington ,2

466 U.S. 668 (1984); Ex parte Eliz o n d o , 9 4 7 S.W .2d 202 (Tex. Crim. App. 1996); Ex parte W einstein , 421 S.W .3d 656 (Tex. Crim. App. 2014). Acc ording ly , the rec ord should be develope d. 1 The trial court is the appropr iate forum for findings 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 g uilty -plea counsel to respond to Applicant’s ineffe ctive assistance of counsel claim. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall deter mine whether Appli ca n t is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint

co u n s el t o re prese nt 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 counsel i s appointed or r etained, the trial court sha ll imm ediately notify this Court of counsel’s name

. The trial court shall first make finding s of fac t and conclusions of law as to whether g uilty

p l ea counsel’s perfor

mance was deficient and Applicant would have insist ed on a trial but fo r h i s alleg ed defic ient perf

ormanc e. The trial court shall then make fin d ings and conclusions as to whether in his ag g rava ted assault case (1) Applicant has prese nted newly available or discovere d evidenc e showing that he is ac tually innocent; (2) he has shown by clea r and c onvincing evidenc e that no rea sonable juror would have convicted him in light of the evidenc e; and (3) the complainant made a materia l false statement. The trial court may make any other finding s and conclusions that it deems appropr iate in re sponse to Applicant’s c laims. The trial court shall make findings o f fac t and conclusions of l aw within ninety day s from

The trial c ourt made f

indings of f

act a nd conclusions of lawand re commended tha t we 1 dismiss these a

pplications under Ar

ticle 11.07, § 4 of the Code of Criminal Procedure

. Applicant’s pr evious applica tions were dismissed, so there has not bee n a “f inal dispositi on” in his cases. See T E X . C O D E C R I M . P R O C . art. 11.07, § 4(a ) (“ I f a subse quent applica tion for writ of habea s corpus is filed a fter f inal dispositi on of an initial applica tion challeng ing the same conviction . . . .”)

.3

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, aff idavits, 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.

Filed: De cembe r 18, 2019 Do not publish