## 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-75,864-05

EX P ARTE BARTHOL OMEW ANTONIO GUZ MAN, A ppl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 1053411-B IN THE 262ND DIST RICT COURT

F ROM HARRIS COUNTY

Per curiam . Y E A R Y , J ., filed a c oncurr ing opinion in which S L A U G H T E R , J ., joined. O R D E R Applicant was convicted of causing serious bodily injury to a child and sentenc ed to ninety y ear s’ imprisonment. The First Court of Appea ls aff irmed his conviction. Guzman v. State , No. 01- 06-00946-CR (Tex. App.—Houston [1st Dist] Fe b. 7, 2008) (not d es i gn at ed for publication). Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district clerk f

orwa 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 alleg es that the State prese nted false testimony at trial and relies on the statutory basis in Texas Code of Criminal Procedur e Article 11.073 to asser t that new scientific evidenc e has

emer g ed that contr adicts the scie ntific evidenc e re lied upon by the State at trial.2

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

. T E X . C O D E C R I M . P R O C . art. 11.073; Ex parte Chabot , 300 S.W .3d 768 (Tex. Crim. App. 2009). Acc ord i n gl y , t h e record 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). I n developing the rec ord, the trial court may use any means s et o u t i n Article 11.07, § 3(d). I f the 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 s h al l appoint counsel to repr esent 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 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 law as to whethe r the State’s

ex p er t wi tness testimony was false, and if so, whether the err or contributed to Applicant ’s conviction. The trial court shall also make finding s of fac t and conclusions of law as to whether the information i ncluded in the report of Dr. Har ry J

. Bonne ll is based on r eleva nt scientific evidence which was not available at t he ti m e o f Ap plicant’s trial, whether the s cientific evidence would be admissible under the Texas Rules of Evidence at a trial held on the d at e of the application, and whether , had the s ci en tific evidenc e been prese nted at trial, by a preponde ranc e of the evidenc e Applicant would not have been convicted. T E X . C O D E C R I M . P R O C . art. 11.073. The trial court may make any other finding s and conclusions that it deems appropr iate in response to Applicant’s claims. The trial court shall make findings o f fac t and conclusions 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 ip t s 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 sted3

by the trial cour

t and obtained f

rom this Court.

Filed: F ebrua

ry 8, 2023 Do not publish