## 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-89,294-01

EX P ARTE JUSTIN B RYAN BELL, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 26444-A IN THE 42 DISTRICT COURT N D F ROM TAYLOR 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 (Te x . C ri m . App. 1967). Applicant was convicted of ag g ravated kidnapping , sexual assault, and assault family violence. He was sentenc ed to six ty y ear s’ imprisonment for the ag g ravated kidnapping conviction and to ten y ear s’ imprisonment for eac h of the other two convictions. The Eleventh Court of Appe als aff irmed his c onvictions. Bell v. State , No. 11-15-00271- CR (Tex. App.—Eastland Oct. 31, 2017) (not de signated for publication). Applicant contends, among other thi n g s , th a t h is tr ial counsel rende red ineffe ctive assistance

. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington ,2

466 U.S. 668 (1984); Ex parte Patterson , 993 S.W .2d 114, 115 (Tex. Crim. App. 1999). In 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 forum for finding s of fac t. The trial court shall order trial counsel to respond to Applicant’s claims of ineffe ctive assistance of counsel raised

on the writ form and further develope d i n t he memorandum of law. 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) . In the appropr iate case , the trial court may rely on its personal re collection. Id

. I f the trial court elec ts to hold a hear ing, it shall dete rmine whe ther Applica nt is indi g ent. I f Applicant is indige nt and wishes to be repr esente d by counsel, the t ri al court shall appoint an attorney to repre sent Applicant at the hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial co u rt shall make finding s of fac t and conclusions of law as to whether the perf ormanc e of Applicant’s trial counsel was defic ient and, if so, wh et h er counsel’s defic ient perf ormanc e prejudice d Applicant. 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 re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues sh al l b e re s o l ved 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 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 the date of t his order

. Any extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court. Filed: F ebrua

ry 27, 2019 Do not publish