IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-91,755-01
EX PARTE LOUIE ROLAND GARCIA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2017CR12158-W1 IN THE 226TH DISTRICT COURT FROM BEXAR COUNTY
Per curiam. YEARY , J., filed a concurring opinion.
ORDER
Applicant pleaded guilty to possession of a controlled substance and was sentenced to eight years’ imprisonment. He did not appeal his conviction. Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends, among other things, that he is actually innocent. The trial court made findings of fact, concluded that Applicant had established that he is actually innocent, and recommended that we grant him a new trial. We believe that the record is not adequate to resolve whether Applicant is actually innocent. The trial court is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). If the trial court elects to develop the record, it may use
2 any means set out in Article 11.07, § 3(d). Applicant appears to be represented by counsel. If he is not and the trial court holds a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the trial court shall appoint counsel to represent him at the hearing. See TEX . CODE CRIM . PROC. art. 26.04. If counsel is appointed or retained, the trial court shall immediately notify this Court of counsel’s name.
The trial court shall make further findings of fact and determine whether Applicant possessed quantities of methamphetamine not found in the bathroom area of the house where, he and his codefendant maintain, the confidential informant planted drugs.1 The trial court shall then determine whether Applicant committed a lesser-included offense of the charges set out in the indictment and whether he has established that he is actually innocent. See State v. Wilson, 324 S.W.3d 595, 598 (Tex. Crim. App. 2010) (“We hold that the term ‘actual innocence’ shall apply, in Texas state cases, only in circumstances in which an accused did not, in fact, commit the charged offense or any of the lesser-included offenses.”). The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant’s claims.
The trial court shall make findings of fact and conclusions of law within ninety days from the date of this order. The district clerk shall then immediately forward to this Court the trial court’s findings and conclusions and the record developed on remand, including, among other things, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from hearings and depositions. See TEX . R. APP. P. 73.4(b)(4). Any extensions of time must be requested by the trial court and obtained from this Court.
1 According to the record, a large bundle wrapped in tape containing 1,102 grams of methamphetamine was found behind a loose board in the bathroom area.
Filed: November 18, 2020 Do not publish