## 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-88,245-05

EX P ARTE RAMON TORRES, JR., Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 1541830-A IN THE 208TH DIS TRICT COURT

F ROM HARRIS COUNTY

Per curiam . O R D E R Applicant was convicted of ag g rava ted sexu al as s ault and sentenc ed to six ty y ear s’ imprisonment. The Four teenth Court of Appea ls aff irmed his conviction. Torres v. State , 609 S.W .3d 595 (Tex. App. — Houston [14 Dist.] September 3, 2020) (pet. ref ’d). Applicant filed this t h application for a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to thi s 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 trial counsel was ineffe ctive beca use trial counsel failed t o object to improper comments by the prosecutor during closing arg uments, failed to file a motion to allow Appli cant to testi fy without impeachment with prior ex trane ous offe nses pursuant to Theus v. State , 845 S.W .2d 874 (Tex. Crim. App. 1992), failed to investiga te and obtain2

surveillance video footage from a g as station wher e the complainant alleg edly encounte red him befor e the offe nse and returne d afte r the offe nse, failed to reta in a defe nse D.N.A. expert, and failed to challeng e or strike a venire member who said that he would aff ord law enfor ceme nt office rs more

cre dibilit y

than def ense w itnesses. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984). Acc ording 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 respond to Applicant’s claims. I n developing the rec ord, the trial court may use an y means set out in Article 11.07, § 3(d). I f t he trial court elects t o hold a hea ring , it shall determine 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 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 reta ined, the t ri al co u rt s hall immediately notify this Court of counsel’s na

me. The trial court shall make finding s of fac t and conclusions of law as to whether trial counsel’s p er fo rm ance was defic ient and Applicant was prejudice d. The trial court may make any o t h er finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. The trial court shall make findings of fac t and conclusions of l aw wi t h i n 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 fin d ings 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 sted by the trial cour

t and obtained f

rom this Court.3

Filed: January

11, 2023 Do not publish