IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-75,864-05

EX PARTE BARTHOLOMEW ANTONIO GUZMAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1053411-B IN THE 262ND DISTRICT COURT

FROM HARRIS COUNTY

Per curiam. YEARY, J., filed a concurring opinion in which SLAUGHTER, J., joined. 

O R D E R

Applicant was convicted of causing serious bodily injury to a child and sentenced to ninety

years’ imprisonment. The First Court of Appeals affirmed his conviction. Guzman v. State, No. 01-

06-00946-CR (Tex. App.—Houston [1st Dist] Feb. 7, 2008) (not designated for publication). 

Applicant filed this application for a writ of habeas corpus in the county of conviction, and the

district clerk forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant alleges that the State presented false testimony at trial and relies on the statutory

basis in Texas Code of Criminal Procedure Article 11.073 to assert that new scientific evidence has

emerged that contradicts the scientific evidence relied upon by the State at trial. 
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Applicant has alleged facts that, if true, might entitle him to relief. TEX.CODE CRIM. PROC.

art. 11.073; Ex parte Chabot, 300 S.W.3d 768 (Tex. Crim. App. 2009). Accordingly, the record

should be developed. The trial court is the appropriate forum for findings of fact. TEX.CODE CRIM.

PROC. art. 11.07, § 3(d). In developing the record, the trial court may use any means set out in

Article 11.07, § 3(d). If the trial court elects to hold a hearing, it shall determine whether Applicant

is indigent. If Applicant is indigent and wants to be represented by counsel, the trial court shall

appoint counsel to represent him at the hearing. See TEX. CODE CRIM. PROC. art. 26.04. If counsel

is appointed or retained, the trial court shall immediately notify this Court of counsel’s name.

The trial court shall make findings of fact and conclusions of law as to whether the State’s

expert witness testimony was false, and if so, whether the error contributed to Applicant’s

conviction. The trial court shall also make findings of fact and conclusions of law as to whether the

information included in the report of Dr. Harry J. Bonnell is based on relevant scientific evidence

which was not available at the time of Applicant’s trial, whether the scientific evidence would be

admissible under the Texas Rules of Evidence at a trial held on the date of the application, and

whether, had the scientific evidence been presented at trial, by a preponderance of the evidence

Applicant would not have been convicted. TEX.CODE CRIM.PROC. art. 11.073. The trial court may

make anyother findings and conclusions that it deems appropriate in response to Applicant’s claims.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX.R.APP.P. 73.4(b)(4). Any extensions of time must be requested
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by the trial court and obtained from this Court.

Filed: February 8, 2023

Do not publish