EX PARTE JERRY PEREZ, JR., Applicant (Other)

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

NO. WR-75,851-03
EX PARTE JERRY PEREZ, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 07-CR-0001-D IN THE 103RD 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and engaging in organized criminal activity and was sentenced to forty years' imprisonment on each count. The Thirteenth Court of Appeals affirmed his murder conviction and rendered an acquittal as to his engaging in organized criminal activity conviction. Perez v. State, No. 13-08-00037-CR (Tex. App.-Corpus Christi-Edinburg Nov. 19, 2009, no pet.).

Applicant contends, among other things, that his trial counsel rendered ineffective assistance because he failed to file a motion to suppress Applicant's confession. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (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 order trial counsel to respond to Applicant's claim. 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 he 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 him at the hearing. Tex. Code Crim. Proc. art. 26.04.

The trial court shall make findings of fact as to whether Applicant's claim that during his interrogation the police threatened him and his family is credible. In making this finding, the trial court shall consider Trinidad Perez's sworn affidavit. The trial court shall also make conclusions of law as to whether trial counsel's performance was deficient and, if so, whether his deficient performance prejudiced Applicant. The trial court shall 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: December 7, 2011

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