EX PARTE JUAN ANTONIO MALTOS, Applicant (Other)
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-78,034-02 EX PARTE JUAN ANTONIO MALTOS, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 5656 IN THE 109TH DISTRICT COURT FROM ANDREWS COUNTY Per curiam. ORDER 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 evading arrest and sentenced to two years imprisonment. He did not appeal his conviction. Applicant contends that trial counsel failed to explain how Applicant s guilty plea would affect his status as an immigrant. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Padilla v. Kentucky, 130 S. Ct. 1473, 1483 (2010). 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 2 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, ยง 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 he 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 and conclusions of law as to whether: (1) Applicant s sentence has discharged and federal removal proceedings have been initiated; (2) counsel s advice regarding deportation was deficient; and (3) but for counsel s advice, Applicant would have insisted on a trial. Hill v. Lockhart, 474 U.S. 52 (1985). 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. 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 forwarded to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court. Filed: January 9, 2013 Do not publish
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