## 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-94,429-01

EX P ARTE ISMAEL CAST ILLO , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 18F C-1930-H( 1) IN THE 347TH DISTRICT COURT

F ROM NUECES COUNTY

Per curiam . O R D E R Applican t wa s co n victed of one count of capital murder and one count of eng ag ing in org anized criminal activity , and sentenc ed to life imprisonment without possibili ty of par ole. The Thirteenth Court of Appea ls aff irmed his conviction. Castil lo v. State , No. 13-19-00567- CR (Tex. App. — Corpus Christi – Edinburg Fe bruar y 25, 2021) (not desig nated for publication). Applicant filed t his application for a writ of habeas corpus in the count y of conviction, and the district cler k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends that althoug h appellate counsel advised him at s o m e point of the possibili ty of filing a pro se petition for discre tionary revie w, appellate counsel did not timely and proper ly advise him of the deadlines and proce dures for doing so. Applicant has alleg ed fac ts that,2

if true, might entitle him to relief

. Ex parte W

ilson , 956 S.W .2d 25 (Tex. Cri m . Ap p . 1997); Ex parte Crow , 180 S.W .3d 135 (Tex. Crim. App. 2005). Acc ording ly , the rec ord should be develope d. The trial court is the appropriate forum for findings of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). The trial court shall order appellate counsel to respon d t o Applicant’s claim. Specifica lly , appellate counsel shall state whether he timely ad v i s ed Applicant that his conviction had been aff irmed, sent Applicant a copy of the appellate opinion, and advised Applicant that he had the rig ht to file a pro se petition for discretionar y revie w. I f ap pellate counsel did timely provide this information to A

pplicant, appellate counsel shall state why he did not file a letter with the court of appea ls cer

tify ing compliance with Rule 48.4 of the Texas Rules of Appellate Procedur e. Appellate counsel shall provide documentation of any corr espondenc e with Applicant detailing his rig ht to and the deadlines and proce dures for filing a pro se petition for discretionar y revie w. 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 whether Applicant is indige nt. I f Applicant is indige nt and wants to be represe nted by counsel, the trial court shall appoint counsel to repr esent him at t h e 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 appointed or reta ined, the trial court shall immediately

notify this Court of counsel’s name

. The trial co u rt s h all make finding s of fac t and conclusions of law as to whether appellate counsel timely informed Applicant of his rig ht to file a pro se petition for discretionar y revie w, and of the deadlines and proce dures for doing so. The trial court shall also deter mine whether Applicant would have timely filed a petition for discretio n ar y re view but for appellate counsel’s alleg ed defic ient perf

ormanc e. The trial court may make any other finding s and conclusions that it de ems appropr iate in re sponse to Applicant’s c laims.3

The trial cour t s hall 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, proposed findings and conclusions, order s, and transcr ipts 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 cour

t and obtained f

rom this Court.

Filed: January

11, 2023 Do not publish