Opinion
WR-95,897-01
09-04-2024
EX PARTE RAY DON WILSON, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W-1875289-A IN THE 291ST DISTRICT COURT FROM DALLAS COUNTY.
ORDER
Per curiam
Applicant was convicted of murder and sentenced to seventy years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Wilson v. State, No. 05-19-01131-CR (Tex. App.-Dallas June 15, 2022) (not designated for publication). 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 was not timely informed that his conviction had been affirmed because he was transferred to a different unit within the Texas Department of Criminal Justice. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2006). 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 the Texas Department of Criminal Justice's Office of the General Counsel to obtain a response from a person with knowledge of relevant facts. 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.
The response shall state the date Applicant was transferred to a different unit within the Texas Department of Criminal Justice. The response shall also state the date(s) any correspondence was received.
The trial court shall make findings of fact and conclusions of law as to whether Applicant was deprived of his opportunity to pursue discretionary review due to a breakdown in the system. The trial court shall also determine whether Applicant would have timely filed a petition for discretionary review but for this alleged breakdown in the system. 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.