## 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-91,952-01

EX P ARTE F RANCIS LEE B ULLOCK, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. DC-F 201800013-A IN THE 249TH DIS TRICT COURT

F ROM JOHNSON COUNTY

Per curiam . O R D E R Applicant was convicted of three counts of ag g rava ted sexual assault of a child and sentenc ed to imprisonment for twenty -five y ear s o n ea ch co u nt. He was also convicted of three counts of indece ncy with a child and sentenc ed to imprisonment for ten y ear s on eac h count. The Tenth Court 1 of Appea ls aff

irmed his convictions. Bullock v. State , 10-19-00031- CR (Tex. App.—Waco J an. 8, 2020) (not desig nated for publication). Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district c lerk forwa rded it to this Court. See T E X . C O D E C R I M .

His sentence s in counts seven a nd eig ht were probate d. We do not have jurisdiction to 1 revie w the leg ality

of his convictions and sente nces in these counts. Ex parte Re nier , 734 S.W .2d 349, 351 (Tex. Crim. App. 1987).2

P R O C . art. 11.07. Applicant contends, among other things, that his conviction in count five is a lesser- included offe nse of his conviction in count one and is barr ed by double jeopar dy

. He also contends that trial

co unsel failed to object on double jeopar dy g rounds. Strickland v. W ashington , 4 6 6 U. S

. 6 6 8 (1984). Ac cording ly , the re cord should be de veloped. The trial court is the appropr iate forum for finding s of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). The trial court shall order trial counsel to respond to Applicant’s claim above. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall deter mine whether Applicant is indige nt. I f he is indige nt a nd 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 re tained, the tria l court shall immediately notify this Court of counsel’s name

. The trial court shall make findings of fac t and conclusions of law as to whether count five is a lesser-included offense of count one and barr ed by double j eopar dy

. See Ex parte Pruitt , 233 S.W .3d 338, 348 (Tex. Crim. App. 2007); Patterson v. State , 152 S.W .3d 88, 92 (Tex. Crim. App. 2004). The trial court shall also make finding s and conclusions as to whether counsel was defic ient for not objecting on double jeopar dy g rounds and Applicant was prejudice d by his alleg ed defic ient conduct. The trial court may make any other finding s and conclusions that it deems appropr iate in response to Applicant’s cla ims. 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: F ebrua

ry 10, 2021 Do not publish