## 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-86,500-01

EX P ARTE JASON ANTOINE B ROWN, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 11,599A IN THE 258th DIS TRICT COURT

F ROM SAN JACIN TO COUNTY

Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of hara ssment of a public ser

vant and se ntence d to ten y ear s’ imprisonment. Applicant, who is repr esente d by counsel, alleg es “no notice of appea l was filed with court. ” 1 The rec ord ref

lects that appellate counsel, who is also counsel in this application, was appointed in

a timely manner by the trial court. Howeve r, the rec ord is unclea r reg arding why counsel believed

The a pplication does not state what relief A pplicant is seeking , but it appear s he is 1 reque sting a

n out-of-time a

ppeal.2

he did not need to f

ile a timely notice of appea l, a nd whether counsel wa s ineffe ctive for failing to do so in this case. Applicant has alleg ed fac ts that, if true, might entitle his to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984); Ex parte Patterson , 993 S.W .2d 114, 115 (Tex. Crim. App. 1999); Ex parte Axe l , 757 S.W .2d 369 (Tex. Crim. App. 1988). I n these circ umstances, additional fac ts are neede d. As we held in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate fo ru m fo r finding s of fac t. The trial court shall order counsel to respond to Applicant’s claim of ineffe ctive assistance of counsel. The trial court may use any means set out in T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d)

. I f the trial court e lects to hold a hea ring , it shall determine whe ther Applica nt is indi g ent. The rec ord ref

lects that Applicant is curr ently repr esente d by counsel. Howeve r, if this is no longe r true, and if Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall appoint an attorne y

to repre sent Applicant a t the hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make findings of fac t and conclusions of l aw as to whether Ap p l i cant

was denied his rig ht to a meaning ful appea l beca use Applicant’s counsel failed to timely file a notice of appeal. The trial court shall also make any other findings of fac t and conc lusions of law that it deems re levant and a

ppropriate to the dispositi on of Applica nt’s claim for ha

beas c orpus re lief. This application will be held in abey ance until the trial court has resolved the fac t issues. The i s s u es s h al l be resolved within 90 day s of this order

. A supplemental transcr ipt containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to this Court withi n 120 day s of t he date of this order. A ny extensions of ti me must3

be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: Mar ch 29, 2017 Do not publish