## 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-92,525-01

EX P ARTE TAYLOR PA IGE COSTEL LO, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 1576335-A IN THE 337TH DIS TRICT COURT

F ROM HARRIS COUNTY

Per curiam . O R D E R Applicant pleaded guilty to intox ication m anslaug hter and was sentenced to t we l v e y ears’ imprisonment. Applicant did not appea l her conviction. Applicant filed this application for a writ of habeas cor

pus in the county

of convic tion, and the district cler k forwa rded it 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 her plea was involuntary beca use trial counsel 1 disreg arde d her desire to proce ed to trial, and convince d her to enter an open plea by telling her that she would rec eive probation when she was not actua lly elig ible for probation. Applicant alleg es that

This Court has considere d Applicant’s other claims and finds them to be w ithout merit. 1trial counsel failed to pursue a defe nse based on the complainant’s medical rec ords and the alleg ed

exis tence of a death cer

tificate showing the cause of death as “natur al,” that it was not the wre ck that

cause d the complainant’s death, but rathe r her pre- exis ting medical i ssues. Applicant alleg es t hat trial counsel should have subpoenae d the medica l examiner to te stify for the defe nse in support of this theory

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

. Hill v. Lockhart , 474 U.S. 52 (1985); Ex parte Argent , 393 S.W .3d 781 (Tex. Crim. App. 2013). Acc o rding ly , the rec ord should be develope d. The trial court is the appropr iate forum for finding s 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 trial counsel to r espond to Applicant’s claims. I n developing the record, the trial court may use any means set out in Article 11.07, § 3(d). I f t he trial court elec ts to hold a hear ing, it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint counsel to repr esent her 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 is appointed or reta ined, the trial court shall immediately

notify this Court of counsel’s name

. The trial court shall make finding s of fac t and conclusions of law as to whether trial counsel’s perf ormanc e was defic ient and Appli ca n t would have insisted on a trial but for counsel’s alleg ed defic ient perf

ormanc e. The trial court may make any other finding s and conc lusions that it deems appropr iate in re sponse to Applicant’s c laims. The trial court shall make findings of fac t and concl u s i o ns of l aw within ninety day s from 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 stedby

the trial cour

t and obtained f

rom this Court.

Filed: April 21, 2021 Do not publish