## 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-93,970-01

EX P ARTE MARCO AN TONIO L OZAN O, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. DC78-CR 2019-0167*1 IN THE 78 DISTRICT COURT T H F ROM WICHITA COUNTY

Per curiam . O R D E R Applicant pleade d g uilty to possession of a controlled substance and was place d on defe rre d adjudication probation. Following the State’s motion to proce ed with adjudication of g uilt, alleg ing that Applicant had violated his probation conditions. The trial court found a numb er o f t h o s e alleg ations true, adjudicat ed Applicant g uilty , and sentenc ed Applicant to eig hteen months’ imprisonment in state jail. Applicant did not appea l his conviction. Applicant filed this application for a writ of habea s corpus in the county of conviction, and the di s t ri ct cler k forwa 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 contends, among other things, that adjudication counsel was ineffe ctive for failing to reque st a compete ncy

evalua tion, present mitiga ting e vidence at sentenc ing, and file a notice of2

appea l. Applicant also alleg es that he is incompetent and was incompetent when he pleade d g uilty and when his g u i l t was adjudicate d. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Hill v. Lockhart , 474 U.S. 52 (1985); Ex parte Argent , 393 S.W .3d 781 (Tex. Crim. App. 2013). Acc ording ly , the record should be developed. The trial co u rt i s t he appropriate 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 shal l order both plea counsel and adjudication counsel to respond to Applicant’s claims. I n deve l oping the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall dete rmine whe ther Applica nt is indi g ent. I f Applica nt is indi g ent 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 trial court shall immediately notify this Court of counsel’s name

. The trial court shall make finding s of fac t and conclusions of law as to whether adjudication counsel’s perf

ormanc e was defic ient and Applicant was prejudice d. The trial court shall also make specific finding s as to whether Applicant was incompetent when he pleade d g uilty and when his g uilt

was adjudicate d. The trial court may make any other finding s and conclusions that it d eems appropr iate in re sponse to Applicant’s c laims. 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: November 02, 2022 Do not publish