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

State: Texas

Docket No: WR-75,851-03

Case Date: 12/07/2011

Preview: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,

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