EX PARTE ANA HERNANDEZ (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-75,709-01, -02, -03, -04, -05, -06 & -07

EX PARTE ANA HERNANDEZ, Applicant

ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 20090D02785, 20090D03532, 20100D03838, 20100D03839, 20100D03891, 20090D04299 & 20090D04427

IN THE 171ST DISTRICT COURT

FROM EL PASO 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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of seven counts of theft and sentenced to fifteen months' imprisonment on each count. She did not appeal her convictions.

Applicant contends that she did not receive the benefit of the bargain in her plea agreements. The trial court made findings of fact and conclusions of law and recommended that we grant relief. We believe that the record is not adequate to resolve Applicant's claim. Applicant has alleged facts that, if true, might entitle her to relief. 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 order the State to file a response stating whether 403 days of pre-sentence time was an element of the plea agreements. The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d).

Applicant appears to be represented by counsel. If she is not and 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 her at the hearing. Tex. Code Crim. Proc. art. 26.04.

After reviewing the State's response, the trial court shall make further findings of fact as to whether 403 days of pre-sentence time was an element of the plea agreements. 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 15 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 30 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: April 20, 2011

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