## 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-92,573-01

EX P ARTE ANTHONY AUZ ENNE, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 1501641-A IN THE 177TH DIS TRICT COURT

F ROM HARRIS COUNTY

Per curiam . O R D E R Applicant was convicted of ag g rava ted assault and sentenc ed to fiftee n y ear s ’ imprisonment. The Four teenth Court of Appea ls a ffirme d his c onviction. Auzenne v. State , No. 14-17-00456- CR (Tex. App.—Houston [14t h Dist.] del. J ul. 19, 2018). Applicant filed this application for a writ of habea s corpus in the county of conviction, and the district cler k proper ly forwa

rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07; T E X . R. A P P . P. 73.4(b)( 5). Applicant contends t h at appellate counsel failed to timely inform Applicant that his conviction had been aff

irmed and of his rig ht to seek a pro se petition for discretionar y revie w in this Court. The trial court e ntere d an orde r desig nating issues, but the habea s rec ord for war ded to this Court contains no aff

idavit or finding s resolving the disputed fac tual issues.2

Ap p l i ca n t has alleg ed fac ts that, if true, might entitle him to relief

. Ex parte W

ils o n , 9 5 6 S.W .2d 25 (Tex. Crim. App. 1997); Ex parte Crow , 180 S.W .3d 135 (Tex. Crim. Ap p . 2005). Acc ording ly , the rec ord should be develope d. 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 sha ll order appellate counsel to respond to Applicant’s claim. I n developing the record, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court el ects to hold a hear ing, it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court

s h al l 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 reta ined, the trial court shall immediately notify this Court of counsel’s

name. The t ri al co urt shall make finding s of fac t and conclusions of law as to whether appellate counsel timely informed Applicant that his c onviction ha d been aff irmed and of

his r ight to se ek a pro se petition for discretionar y revie w. The trial court shall also deter mi ne whether Applicant would have timely fil ed a p et ition for discretionar y revie w but for appellate counsel’s alleg ed defic ient perf

ormanc e. The trial court may make any other finding s and conc lusions that it deems appropr iate. The trial court shall make findings of fac t and conclusions of l aw wi t h i n 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, proposed fin d ings and conclusions, order s, and transcr ipts from 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.3

Filed: May

5, 2021 Do not publish