## 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-82,509-03

EX P ARTE JAIME COVARRU BIAS, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. W99-32080-V( C) IN THE 292ND DISTRICT COURT

F ROM DALLAS 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 wa s convicted of capital murder and sentenc ed to life imprisonment. The Fifth Court of Appea ls aff irmed h is conviction. Covarrubias v. State , No. 05-00-01387- CR (Tex. App. — Dallas April 2, 2002) (not desig nated for publication). On Fe bruar

y 6, 2019, Applicant filed this pro se application for writ of habea s corpus in the trial court. On Marc h 11, 2019, the trial co u rt enter ed a timely order designating issues and appointed a writ master to resolve those issues. On Marc h 22, 20 1 9 , Ap p l i ca n t filed a motion2

re qu ested appointed habea s counsel. On April 23, 2019. Applicant filed an amende d habea s application in the trial court. On May 2 9 , 2 0 1 9 , the applications wer e forwa rded to this Court without finding s of fac t and conclusions of law from the trial court. The rec ord contained a notation indicating that a motion to dismiss had been filed in the trial co u rt o n May 16, 2019, but no such motion was included in the re cord f orwa rded to this Court. On Se p t em b er 2 7, 2019, this Court rec eived a supplemental rec ord from Dallas County , which included finding s of fac t and conclusions of law from the trial court, as well as copies of various communications filed by Applicant in the trial court. The trial court in its finding s notes that attorney Alan Fishburn was appointed to repr esent Applicant in this habea s matter on April 1, 2019, and that Fishburn filed a motion to withdraw the application so t h at Ap p l i ca nt can investigate additional g rounds for relief on May 20, 2019. The supplemental rec ord does not contain a copy of that motion, but the t rial court rec ommends that the m otion be g rante d and that the application be dismiss ed. The letters and mot ions filed by Applicant in t he trial court, which are included in the supplemental rec ord, sug g est that Applicant has been unable to communicate with appointed habea s counsel, and that he is not in ag ree ment with the motion to withdraw the habea s application filed by appointed habe as counse l. As we held in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the t rial court is the appropr iate forum for finding s of fac t. The trial court shall deter mine whether Applicant ag ree s with appointed habea s counsel’s motion to withdraw Applicant’s pro se application for writ of habea s corpus, an d whether he still wants to be repr esente d by habea s 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 c ourt elec ts to hold a hearing , it sha ll de termine whether Applicant is indige nt.3

I f Applicant is indige nt and wishes to be re p re s ented by counsel, the trial court 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 first supplement the habea s rec ord with c opies of any order appointing habea s counsel, any notice provided to Applicant of such appointment, and a copy of the motion to withdraw Applicant’s habea s application. The trial court shall make finding s of fac t and conclusions of law as to whether Applicant was provided with copies of any such documents, and as to whether Applicant does inde ed wa nt to withdraw his pro se habea s application. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 30 day s o f t h i s o rd er . 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, alongwith the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwa rded to this Court within 45 day s of the date of this order

. Any extensions of time must be reque sted by

the trial cour

t and shall be obtaine d from this Court.

Filed: Oc tober 23, 2019 Do not publish