IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,084-01
EX PARTE MATTHEW RYAN ZAPATA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 12-1180-CR-A IN THE 25TH DISTRICT COURT
FROM GUADALUPE 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 pleaded guilty to burglary of a
habitation and was sentenced to twenty years’ imprisonment.
Applicant contends, among other things, that his trial counsel rendered ineffective assistance
because counsel failed to have him evaluated for competency and failed to bring his mental health
issues to the attention of the trial court. Applicant alleges that he understood that he was pleading
guilty in this and two other cases in exchange for six-year concurrent sentences. Applicant alleges
that he did not understand why the trial court sentenced him to twenty years’ imprisonment in this
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case, and counsel did not explain to him that he could withdraw his plea.
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 claims of ineffective assistance of counsel. The
trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
If 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 Applicant 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 the
performance of Applicant’s trial counsel was deficient and, if so, whether counsel’s deficient
performance prejudiced Applicant. The trial court shall make findings of fact and conclusions of
law as to whether Applicant’s plea was knowingly and voluntarily entered. The trial court shall also
make findings as to whether Applicant was advised of his right to appeal after he was sentenced
pursuant to an open plea. 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
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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: October 1, 2014
Do not publish
Zapata, Matthew Ryan
Combined Opinion