EX PARTE HECTOR ANZALDUA SANDOVAL (other)

IN THE COURT OF CRIMINAL APPEALS 
OF TEXAS 

NOS. WR-72,632-01 AND WR-72,632-02 
EX PARTE HECTOR ANZALDUA SANDOVAL, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 98-CR-220-D AND 98-CR-221-D 

IN THE 103RD JUDICIAL DISTRICT COURT

FROM CAMERON 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 was convicted of two charges of intoxication manslaughter and sentenced to twenty years' imprisonment for each charge, to be served consecutively . The Thirteenth Court of Appeals affirmed his convictions. Sandoval v. State, Nos. 13-98-00398-CR and 13-98-00399-CR (Tex. App. - Corpus Christi, August 31, 1999, no pet.).

Applicant contends that his trial counsel rendered ineffective assistance because counsel advised him to reject the State's plea offer of 20 years' imprisonment for both charges, and advised him that his sentences in these two causes could not be stacked if he were found guilty at trial.

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. 1960), the trial court is the appropriate forum for findings of fact. The trial court shall provide Applicant's trial counsel with the opportunity to respond to Applicant's claim of ineffective assistance of counsel. The trial court may also order the trial prosecutor to file an affidavit stating whether or not a 20-year offer was made for both charges. 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 make findings of fact as to whether the State made an offer of 20 years' imprisonment for both charges, and if so, whether counsel transmitted the offer to Applicant. The trial court shall make findings as to whether counsel advised Applicant to go to trial on the charges rather than accepting the State's offer. The trial court shall also make findings as to whether counsel advised Applicant that the sentences in these two cases could not be stacked if he were found guilty at trial. The trial court shall make findings as to whether the performance of Applicant's trial attorney was deficient and, if so, whether counsel's deficient performance prejudiced Applicant. 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.

These applications 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: September 16, 2009

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