EX PARTE ALEJANDRO CAMACHO LOPEZ (other)

Texas Judiciary Online - HTML Opinion     Close This Window

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-70,647-01

EX PARTE ALEJANDRO CAMACHO LOPEZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 627935-A IN THE 339TH JUDICIAL DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to five counts of aggravated assault, and originally received ten years' deferred adjudication community supervision. He was later adjudicated guilty and sentenced to three years' imprisonment. He did not appeal his conviction.

Applicant has since discharged his sentence, but he alleges that he continues to suffer the immigration consequences of this conviction. Applicant alleges that he was deported after he discharged this sentence, and he continues to be denied legal residency in the United States.

Applicant contends that his plea was involuntary because did not understand the consequences of his plea. The habeas record contains copies of the stipulations, waivers, and judicial confessions signed by Applicant, but does not contain copies of the trial court's written admonishments. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 608 (1984); Ex parte Lemke, 13 S.W.3d 791,795-96 (Tex. Crim. App. 2000). In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1997), the trial court is the appropriate forum for findings of fact. The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d). In the appropriate case, the trial court may rely on its personal recollection. Id.

If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing. Tex. Code Crim. Proc. art. 26.04.

The trial court shall supplement the record with copies of the written admonishments give to Applicant in conjunction with his original plea. If the admonishments are unavailable, the trial court shall supplement the record with a transcription of the plea hearing, or with an affidavit from trial counsel. The trial court shall then make findings of fact as to whether Applicant was specifically admonished of the immigration consequences of his plea, and as to whether trial counsel advised Applicant of the consequences of the plea, including the immigration consequences if Applicant were to be adjudicated guilty of these offenses. The trial court shall enter findings of fact and conclusions of law in regard to Applicant's claim that his plea was involuntary. The trial court shall also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claim for habeas corpus relief.

This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: October 15, 2008

Do not publish