## 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-80,643-01

EX P ARTE ISIDORE KR ISHNA BRIDGEF ORTH, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 14276C IN THE 29T H DISTRICT COURT

F ROM P ALO PIN 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 eng ag ing in org anized criminal ac tivity and sente nced to thirty -five y ear s’ imprisonment. The Eleve nth Court of Appe als aff

irmed hi s conviction. Bridgeforth v. Texas , 11-10-00356- CR (Tex. App.– Eastland Aug ust 9, 2012). This case was rema

nded to the trial court on Fe b ru ar y 1 2, 2014 to deter mine whether appellate counsel rende red ineffe ctive assistance beca use counsel failed to timely notify Applicant that his conviction had been aff irmed and that he had the rig ht t o file a pro se petition for2

discretionar

y revie w. On Aug ust 7, 2014, this Court rec eived a supplemental rec ord from the trial court. The court issued find i n gs o f fa ct and conclusions of law and rec ommended that relief be denied. After a revie w of the s upplemental record, it is th i s C o u rt ’s opi nion that there are unresolved fac ts which

war rant a second r emand. Applicant has alleg ed fac ts that, i f t ru e, m i gh t entitle him to relief

. Ex parte W

ilson , 956 S.W .2d 25 (Tex. Crim. App. 1997). 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. C ri m . Ap p . 1 9 60), the trial court is the ap p ro p ri at e forum for finding s of fac t. The trial court shall order appellate 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 t he trial court elects t o hold a hearing , it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wish es t o be repr esente d by counsel, the trial court shall appoint an attorney 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. Following the rec eipt of additional information, the trial court shall make finding s of fac t as to whether Applicant’s appellate counsel timely informed Applicant that his conviction had been aff irmed. The trial court shall also make finding s of fac t as to whether appellate counsel informed Applicant as to the applicable deadlines in order to proce ed pro se . The trial court shall also make any other finding s of fac t and conclusions of law that it deem s re l ev an t and appropr iate 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 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 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 t his order

. Any extensions of time shall be obtained f

rom this Court. Filed: Oc tober 15, 2014 Do not publish