## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NOS. WR-83,424-03 & WR-83,424- 04

EX P ARTE GABRIEL CARDONA , Appli cant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. 2006 CRN770-D1 & 2006CRN952- D1 IN THE 49 DISTRICT COURT

T H F ROM WEBB COUNTY

Per curiam . O R D E R Pursuant to the provisions of Article 11.07 of the Texas Code o f C ri m i n al Procedur e, the cl er k o f t h e t ri al court transmitted to this Court these applications for writs of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three counts of murder and sentenc ed to eig hty y ear s’ imprisonment in eac h case . He d i d not appea l his convictions. Applicant contends that his plea was involuntary beca use the plea ag ree ments, which call for any time to be serve d concur rently in relation to possible future fe dera l time, cannot be f ollowed. He a lso alleg es that counse l misadvised him about his parole elig ibilit y .2

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

. In these circ umstances, additional fac ts are neede d. As we he ld in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the tria l court is the appr opriate f orum for f

indings of f

act. The trial court sha ll order counsel to r espond to A

pplicant’s claim that his ple a was involuntary

. 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 f the trial c ourt elec ts to hold a hear ing, it shall determine whe ther Applica nt is indi g ent. I f Applicant is indige nt and wi s h es to be repr esente d by counsel, the trial 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 court shall make findings o f fa ct and conclusions of l aw as to whether Applicant pled g uilty pursuant to an ag ree ment that these sentenc es would run concurrently with a fede ral sentenc e. The trial court shall make specific finding s setting forth whether Ap p l i ca n t has been sentenc ed in any fede ral case s based on fac ts arising from these case s, and if so, how that time is to be served and how

the time is being cre dited. I f Appli cant was sentenc ed to cumulative sentences in fede ral court, the trial court shall make finding s addre ssing how counsel advised Applicant about that possibili ty
. The trial court shall also make specific finding s specific ally detailing how counsel advised Applicant conce rning parole elig ibilit y , and whether this advice was corr ect. Fin a ll y , th e tr ial court shall also make specific finding s addre ssing the State’s asser tion of lache s in these case s. The trial court shall also make any other findings of fac t and conc lusions of law that it deems relevant and appr opriate to the disposition of Applicant’s c laim for habe as cor pus relief

. These applications will be held in abey ance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of this orde r. A supplemental transcr ipt c ontaining all3

aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing 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 t he date of t his order

. Any extensions of time shall be obtained f

rom this Court. Filed: September

16, 2015 Do not publish