## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NO. WR-83,400-01

EX P ARTE JAMES DUBOSE , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 20-11-B IN THE 25TH DISTRICT COURT

F ROM G ONZA LES COUNTY

Per curiam . O R D E R Pursuant to the provisions of Ar t i cl e 1 1

. 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

. 2 d 8 2 4 , 8 26 (Tex. Crim. App. 1967). Applicant was convicted of assault on a public serva

nt and attempt to take a police office r’s wea pon. He was sentenc ed to concur rent terms of ten and two y ear s’ imprisonment. T h e Thirteenth Court of Appea ls aff irmed his convictions. Dubose v. State , No. 13-12-00515-CR (Tex. App.—Corp u s C h ri s t i May 1, 2014) (not desig nated for publication). Applicant contends that he wa s d en i ed h i s rig ht, throug h no fault of his own, to pursue a2

petition for discretionar

y revie w afte r his convictions had been aff irmed by the Thirteenth Court of Appea ls. In an aff

idavit, counsel states that he informed Applicant of the appellate court’s decision. Counsel, how ever , does not sta te whether he also informed Applicant of Applicant’s rig ht to file a petition for discretionar

y revie w. See Ex parte W ilson , 956 S.W .2d 25, 26-27 (Tex. C ri m . Ap p. 1997). Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984). In these c ircumstance s, additional fac ts are ne eded. As we held in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate forum for finding s of fac t. The trial court s h al l o rder appellate counsel to respond to Applicant’s claim of ineffe ctive assistance of counsel on appea l. 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 elec ts to hold a hear ing, it sha ll de termine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall appoint an attorney to repre sent Applicant at the hearing

. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make finding s of fac t and conclusions of law as to whether Applicant’s appellate counsel timely informed Applicant that his convictions had been aff irmed and of his rig ht to file a petition for discretionar y revie w and whether Applicant was denied his rig ht to file a petition for discretionar

y revie w. The trial court shall also make any other finding s of fac t and conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s claim for habea s corpus r elief. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s o f t h i s o rder

. A supplemental transcr ipt containing all3

aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing 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 t his order

. Any extensions of time shall be obtained f

rom this Court.

Filed: Oc tober 14, 2015 Do not publish