## 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-89,526-01

EX P ARTE EARL DAVIS WILL IAMS, JR., Applicant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 16CR-077- 1 IN THE 349 DISTRICT COURT T H F ROM HOUSTON 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. 1 9 6 7 ). Ap p licant was convicted of two counts of ag g rava ted assault on a public serva nt, one count of unlawful possession of a firea rm by a felon, and
one count of evading arr est. He was sentenc ed to fifty -five y ear s on the ag g ravated assault counts, ten y ear s on the possession of a firea rm count, and seven y ear s on the evading arr est co u n t
. T he Twelfth Court of Appea ls affirme d his conviction. W illiams v. State , No. 12-16-00325- CR (Te x . App.—Tyler June 29, 2018)(not desig nated f or publication). Applicant contends that he was denied due proce ss and denied his rig ht to file a petition for2

discretionar

y revie w when reta ined counsel filed a motion for extension of time to file in the wrong
cause number. This Court g rante d an extension of time to file the petition for discretionar y revie w
on J u l y 1 6 , 2018. At that time, the Court stated that no further extensions would be enter tained. When no petition was filed on the due da te, the manda

te issued in Applicant’s a ppeal. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984); Ex parte W ilson , 956 S.W .2d 25 (Tex. C ri m . App. 1997). 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 appellate counsel to respond to Applicant’s claim of ineffe ctive assistance of counsel on appea l. The trial cour

t 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 cour

t elects to hold a he aring , it shall determine whe ther Applica nt is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall appo i n t 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 court shall make finding s of fac t and conclusions of law as to whether Applicant’s reta ined counsel fo r p et ition for discretionar y revie w filed a motion for extension of time in the wrong cause number. The trial court shall also make any other finding s of fac t a nd conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s claim for habea s corpus relief

. 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 of th i s o rd er . 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, shall3

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