## 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-89,082-01

EX P ARTE ALVIN VALADEZ JR. , Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 13-1568-CR-C-AIN THE 2 25 DISTRICT COURT N D T H F ROM G UADALUP E 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 possession of a controlled substance and sentenc ed to life imprisonment. The Four th Court of Appea ls aff

irmed his conviction. Valadez v. State , No. 04-14-00626- CR (Tex. App.—S an Antonio Sep. 16, 2015) (not desig nated f

or publication). Applicant contends that his trial counsel rende red ineffe ctive assistance beca use he pursued an objec tively

unrea sonable strateg y

and did not convey

a plea offe r. 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 Argent , 393 S.W .3d 781, 784 (Tex. Crim. App. 2 0 1 3 ). 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 finding s of fac t. The trial court shall order t ri al co u nsel to provide a supplemental response to Applicant’s claim 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). In the appr opriate c ase, the trial court may rely on its personal re collection. Id

. I t appea rs that Applicant is repr esente d by counsel. I f the trial court elec ts to hold a hear ing, it shall deter

mine if Applicant is repr esente d by counsel, and if not, whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the t ri al 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 co u rt 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, wh et h er counsel’s defic ient perf ormanc e prejudice d Applicant. The trial c o u r t s h a ll ma ke specific finding s detailing how counsel advised Applicant as to the viability of his trial strateg y and any advice counsel g ave Applicant with respe ct to any plea offe rs. I f the trial court finds that counsel err ed in advising Applicant about any plea offe rs or did not pass along any plea offe rs, the trial court shall also make finding s addre ssing whether there is a rea sonable probability that: (1) he would have acc epted the off er ; (2) the prosec ution would not have withdra wn t he offer; and (3) the trial court would not have refuse d to

acc ept the plea barg ain. 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. The3

issues shall be resolved within 90 day s of this order

. A supplemental tr an s cr i p t co n taining all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to this Court withi n 120 day s of the date of this order. Any extensions of t ime must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: De cembe r 19, 2018 Do not publish