## 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-75,287-02

EX P ARTE JOSE P H DION TUNSEL , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 930806-A IN THE 209TH DIS TRICT COURT

F ROM HARRIS COUNTY

Per curiam . Y E A R Y , J., fi led a concurring opin ion in wh ich S L A U G H T E R , J., joined. N E W E L L , J., concurre d. O R D E R Applicant wa s convicted of ag g rava ted robbe ry

and sente nced to 25 y ear s’ imprisonment. Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district clerk f

orwa rded it to this Court. See T E X
. C O D E C R I M
. P R O C
. art. 11.07. This application was file-stampe d in Har ris County on September 9, 2010. An order desig nating issues was signed b y t h e t ri al judge on November 1, 2010. This application was not

rec eived by this Court until September 19, 2022. There is no indication in the rec ord of any action by the trial court afte r the order desig nating issues was signe d. Nor is there any indication as to why this application was pending in Har ris County for so long without any action by the cler k or the trial
court.We rema nd this applica t i o n t o t he trial court to complete its evidentiar y investiga

tion and make finding s of fac t and conclusions of law. As a preliminary matter, the t ri al court shall make finding s of fac t as to why no action was taken by the trial court or the cler k betwee n the entry of the order desig nating issues and the forwa rding of the application to this Court. The trial court shall obtain a response from Applicant as to whether Applicant still wants to pursue this application, and shall include that response in the s upplemental re cord. I f t he trial court is unable to obtain such a
response from Applicant, the trial court shall detail the eff orts that wer e made to obta in a response from Applica

nt. The trial cour

t shall then return the application to this Court.
I f Applicant indicates that he does want to pursue this application, the trial court shall make finding s of fa ct and c onclusions of law within ninety day s from the da te of this order

. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d).
I f the trial court elec ts to hold a hear ing, it shall deter mine whethe r Ap p l i cant is indige nt. I f Applicant is indige nt and wants to be represe nted by counsel, the tr i al 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 ensure that the habea s rec ord is supplemented with all rele vant documents. 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 re m an d , including, among other things, aff idavits, motions, obj ections, propose d finding s and conc lusions, orders, and tra nscripts from 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
court a nd obtained fr om this C ourt.

Filed: DECEMBER 07, 2022Do not publish