## 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-93,445-01

EX P ARTE MICHAEL TAPIA, A ppl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 2015-74-C1A IN THE 19T H DISTRICT COURT

F ROM MC LENNAN COUNTY

Per curiam . O R D E R Applicant pleade d g uilty to ag g rava ted assault ag ainst a public serva nt (Count I ) and evading

arr est or detention (Count I I ). He was sentenc ed to fiftee n y ear s’ imprisonment on Count I and ten y ear s’ imprisonment on Count I I , to run concu rr en t l y . The Tenth Court of Appea ls dismiss ed Applicant’s pro se appea l beca use it was untimely

. Tapia v. S t a t e , No. 10-17-0089- CR (Tex. App.—Waco, Mar. 22, 2017) (not desig nated for publication). Applicant filed this a pplication for

a writ of habea s corpus in the county 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, among other things, that his plea was involuntary beca use trial counsel made threa ts that induced his g uilty plea and b ec au s e h e was incompetent at the time he pleade d2

g uilty

. Applicant also contends that he was denied his r ight to a n appea l be cause counsel failed to file a notice of appea l, despite Ap p l i ca n t re questing he do so. Applicant has alleg ed fac ts that, if true, mig ht entitle him to re lief. Hill v

. Lockhart , 474 U.S. 52 (1985); Brady v. United States , 397 U.S. 742 (1970); Garza v. Idaho , 139 S. Ct. 738, 748, 749-50 (2019); Jones v. State , 98 S.W .3d 700, 703-04 (Tex. Crim. App. 2003). Acc ording ly , the rec ord should be develope d. The trial court is the appropr iate 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 trial counsel to re spond to Applicant’s cla ims. I n developing the re cord, 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 m i n e 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 repr esent him at 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 app o i n t ed o r retained, the trial court 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 Applicant’s plea was involuntary

. The trial court shall also make specific finding s addre ssing whether Applicant

was competent at the time he pleade d g uilty

. The trial court shall make fi n d i n g s of fac t and

conc lu s io n s o f la

w as to whether trial counsel’s perf ormanc e was defic ient and Applicant would have insisted on a trial but for counsel’s alleg ed defic ient perf ormanc e. The trial court shall make finding s of fac t and conclusions of law as to whether Applicant was denied his rig ht to an appea l beca use trial counsel failed to timely file a notice of appea l. The trial co u rt s h al l make specific finding s addre ssing whether Applicant instructed couns el t o p er fec t appea l. The trial court may make any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. The trial court shall make findings of fac t and conclusions of l aw within ninet y d ay s from3

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 finding s 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: Mar ch 2, 2022 Do not publish