Opinion
NO. WR-90,947-01 NO. WR-90,947-02 NO. WR-90,947-03 NO. WR-90,947-04
03-11-2020
EX PARTE RAYMOND NATHANIEL HALE, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. A12482-1, A12483-1, A13270-1, & A13271-1 IN THE 216TH DISTRICT COURT FROM KERR COUNTY Per curiam. ORDER
Applicant was twice convicted of injury to a child (intentionally cause serious bodily injury) and sentenced to fifty years' imprisonment on one conviction and ten years' imprisonment on the second. Applicant also was convicted of tampering with a governmental record and securing execution of a document by deception and sentenced to one and two years' imprisonment respectively. He filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends that he was denied his right to an appeal because counsel failed to timely file notices of appeal. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988); Jones v. State, 98 S.W.3d 700 (Tex. Crim. App. 2003). Accordingly, the record should be developed. The trial court is the appropriate forum for findings of fact. TEX. CODE CRIM. PROC. art. 11.07, § 3(d). The trial court shall order trial counsel to respond to Applicant's claim. In developing the record, the trial court may use any means set out in Article 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 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.
If a defendant decides to appeal his conviction, trial counsel rather than appellate counsel has the duty to ensure that written notice of appeal is filed with the trial court. Jones, 98 S.W.3d at 703. --------
The trial court shall make findings of fact and conclusions of law as to whether Applicant was denied his right to an appeal because trial counsel failed to timely file notices of appeal. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claim.
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. Filed: March 11, 2020
Do not publish