## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-86,428-01

EX P ARTE SE RG IO LOUIS TREVINO, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 14-1951-CR-C IN THE 25 DISTRICT COURT T H F ROM G UADALUP E COUNTY

Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three counts of ag g rava ted sexual assault of a child and two counts of indece ncy with a child. He was sentenc ed to seventy y ear s’ impriso n m ent for eac h ag g ravated sexual assault count and fiftee n y ear s’ imprisonment in each indec ency with a child count. Applicant contends that the trial court wrong fully cer tified that he had no rig ht of appea l, and that counsel rende red ineffe ctive assistance beca use counsel did not advise Applicant of his rig ht to appea l the punishment hearing, which occur re d ap p roxi mately three months afte r the appellate2

cer tification was sig ned. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984); Ex parte Patterson , 993 S.W .2d 114, 115 (Tex. Crim. App. 1999); Ex parte Delaney , 207 S.W .3d 794, 798–99 (Tex. Crim. App. 2006); Ex parte Ax el , 757 S.W .2d 369 (Tex. Crim. App. 1988). In these circ umstances, additional fac ts are neede d. As we held in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate forum for finding s of fa ct. This Court rema

nded this applicati o n to the trial court for a response from counsel and specific finding s of fac t and conclusions o f law addre ssing sever al issues. The trial court made finding s of fac t and conclusions of law based on the cer tification of the rig ht to appea l found in the

rec ord, re commendingthat relief be denie d. The trial court shall order counsel to r espond to A pplicant’s claim of ineffe ctive assistance of counsel. The trial court may use any means set out in T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). I f the trial court elec ts t o h o l d a hear ing, it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the t ri al co u rt shall appoint an attorney to repre sent Applicant at the hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make additional finding s of fact and conclusions of law as to whether Applicant had a right to appea l the outcome of the punishment hear ing. I f t h e co u rt fi nds that Applicant waived any appea l, it shall make specif ic finding s as to when that waiver occur red, relative to the time of the punishment hear ing and assessment of sentenc e. The court shall also make specific finding s of fac t a s to how counsel advised Applicant of his right to a ppeal, if any , and any waiver s Applicant may have executed. The trial court shall also make any other finding s of fac t and3

conclusions of law that it deems relevant a n d ap p ropriate to the di sposition of Appli cant’ s claims for ha beas c orpus re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall b e re s o l v ed within 90 day s of this order

. A supplemental transcr ipt containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to t his Court within 120 day s of the date of this order. Any extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: June 20, 2018 Do not publish.