## 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-94,069-01

EX P ARTE JAMES LE ONARD SHELT ON, Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 9410050-A IN THE 185TH DIS TRICT COURT

F ROM HARRIS COUNTY

Per curiam . N E W E L L , J ., concur red. O R D E R Applicant pleade d g uilty to ag g rava ted ro b b er y and was sentenc ed to fifty y ear s’ imprisonment. Applicant did not appea l his conviction. Applicant filed this a pplication for a writ of habe as cor

pus in the county

of convic tion, and the di strict 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. This application was file-stampe d in Har ri s County on J anuar

y 16, 2008. An order desig natin g i s s u es wa s s igne d by the trial judge on J anuar y 29, 2008. This application was then amende d on J uly 23, 2010. This application was not rec eived by this Court until Aug ust 23, 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 for2

so long w ithout any

action by the cler k or the trial c ourt. Applicant contends, among other things, that he is actua lly innocent. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Ex parte Elizondo , 947 S.W .2d 202 (Tex. Crim. App. 1996). Acc ording ly , the record should be developed. The trial co u rt i s t he appropriate forum for finding s of fa ct. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d)

. As a pre liminary

matter, the tria l court shall make finding s of fa ct as to why no action wa s taken by the trial court or the cler k betwee n the entry of the order desig natin g i s s u es an d the forwa rding of the application to this Court, and whether Applicant wants to pursue the application. I f Applicant does want to pursue this application, the trial court shall develop the rec ord. 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 still r epre sented by counsel, a

nd 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 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 appointed or reta ined, the trial court sha ll imm ediately notify this Court of counsel’s name

. The trial cour t s h all make findings of fac t and conclusions of l aw as to whether Applicant has established that he i s ac t u al l y i n n ocent. The trial court may make any other finding s and conclusions that it deems appr opriate in re sponse to Applicant’s c laim. 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: De cembe r 07, 2022 Do not publish