## 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 NOS. WR-92,506-01 , WR-92,506-02, WR -92,506-03, & WR-92,506-04

EX P ARTE DAVID ALLEN RUSSEL L, App licant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. W199-81323-2012-HC, W199-81325- 2012-HC, W199-81326-2012- HC, W199-80629-2013- HC IN THE 199T H DISTRICT COURT FROM C OLLI N COUNTY

Per curiam . O R D E R Applicant wa s convicted of sexual assault of a child, two counts of i ndece ncy with a child by contac t, and two counts of sexual assault. He was sentenc ed to 8, 10, 12, and 15 y ear s’ imprisonment, with the 8-y ear and 15-y ear sentenc es running consec utively

. The Thirteenth Court of Appea ls aff

ir me d h is c o n v ic ti o n . R u s s e ll v . S ta te , Nos. 13-13-00372- CR, 13-13-00373- CR, 13-13- 00374-CR, and 13-13- 00375-CR (Jan. 29, 2015). Applicant filed these applications for writs of habea s corpus in the county of conviction, and the district cler k forwa rded them to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. I n his May 3, 2022, “B rief I n Support of Application,” Applicant contends that trial counsel2

was ineffe ctive beca

use he failed to obtain and prese nt Applicant’s medical rec ords reg arding Applicant’s kidney disease and testimon y from his trea ting phy sician to corr oborate Applicant’s g irlfriend’ s testimony

. On Aug

. 10, 2022, Applicant filed the med i ca l re co rds at issue with the district cler

k, who forwa

rded them to this Court. Habe as cou n s el ’s cover letter indicates that Applicant also filed a

n amende d Art. 11.07 application. Howeve r, this Court has not rec eived that pleading

. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984). Acc ording ly , the rec ord should be develope d. The trial court is the appropr iate forum for finding s of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). I n developing the rec ord, the trial court may

use any means set out in Article 11.07, § 3(d). I t appea rs that Applicant is repr esente d by counsel. I f the trial court elec ts to hold a hear ing, it shall deter

mine if Applicant is repr esente d by counsel, and if not, whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint counsel to r epre sent him a t the hear ing. See T E X . C O D E C R I M . P R O C . art. 26.04. I f counsel is a ppointed or reta ined, the trial c ourt shall immediately notify this Court of counsel’s name

. The trial court shall make finding s of fac t and conclusions of law as to whether trial counsel’s perf ormanc e was defic ient and Applicant was prejudice d. The trial cour t m ay make any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claim. T h e t rial court shall make findings of fac t and conclusions of l aw within ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, objections, propo sed finding s and conclusions, order s, and transcr ipts from3

hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court.

Filed: AUGUST 24, 2022 Do not publish