EX PARTE JUAN RAMON ESPARZA, Applicant (Other)

State: Texas

Docket No: WR-79,301-01

Case Date: 04/17/2013

Preview:IN THE COURT OF CRIMINAL APPEALS OF TEXAS
NO. WR-79,301-01

EX PARTE JUAN RAMON ESPARZA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 09-08-00073CRF IN THE 81ST DISTRICT COURT FROM FRIO 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 entered an open plea of guilty to possession with intent to deliver a controlled substance, and was sentenced to twenty-five years' imprisonment. He did not appeal his conviction. Applicant contends, inter alia1, that his trial counsel rendered ineffective assistance because counsel assured Applicant up until the date of trial that he would receive probation, but then allowed

1

This Court has reviewed Applicant's other claims and found them to be without merit.

Applicant to enter an open plea of guilty without an awareness of the nature and consequences of his plea. Applicant also alleges that the arresting officer in his case was himself arrested and facing criminal charges at the time of Applicant's plea, but that counsel failed to afford Applicant the opportunity to challenge the officer's credibility or present his side of the story. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). 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 of ineffective assistance of counsel. The trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07,

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