## \aJIO-K503l-H(A) NOR-8a,Sk3-0^ WRITNUMBER:\M\Q~19503'W >N"^-8^,563-0/

IN THE OF CRIMINAL APPEALS FOR THE STATE OF TEXAS AUSTIN,TEXAS

EX PARTE ARMANDO FERMIN SOTO APPLICANT 

### RECEIVED\U COURTOFCRIMINALAPPEALS 

## JAM092015 AbelAcosta,Clerk

APPLICANT'S REQUEST FOR FACTS,FINDNIGS AND CONCLUSIONS OF LAW ON THE ISSUES DESIGNATED BY THE TRIAL COURT.

TO THE HONORABLEJUSTICES OF THE COURT OF CRIMINAL APPEALS: 

### Applicant asks the court to order the Trial Court to provide 

### facts findings and conclusions of law onthe issues designated in its written order. Alternatively, Applicant asks this- Court 

### to designate the issueand order the resolution.
A. INTRODUCTION 

### The Applicant is Armando Fermin Soto; Respondent is the State of Texas, byand through the Dallas County DistrictAtt orneys office. 

### Applicant seeks the issuanceof facts, findingsandconclus ions of law in the issue designated by the trial court. EX PARTE SOTO-REQUEST PAGE,1B. FACTS A jury convict_ed_ Applicant- of the offense of intoxication 

### manslauthter and sentenced him to twenty years' confinement in the Texas Department of Criminal Justice. His conviction 

### was affirmed by the court of Appeals in anunpublished opinion. 

### (SeeNo.05-ll-01062-CR, Soto v. State) Applicant in three separate grounds for relief asserted 

### that he was deprived of the right to ameaningful appeal. Spec ifically he claimed that his Appellate Counsel filed anAnders 

### brief whichwas accepted by the Dallas Courtof Appeals. (Anders v. California, 386 U.S. 738 (1967)). When an attorney files an Anders brief the appellant is given an opportunity to file a pro se brief. Applicant did not receive notice of the brief, and the opportunity to file a pro se brief in a timely manner 

### due to Appellate counsel's error's. (Appellate counsel mailed the notice to him at a unit to which he was not assigned, and 

### failed to properly identify him with his correct TDCJnumber). The State in their response to the application for writ of habeas corpus stated: In the interest of justice, the State requests that this court gather evidence by way of affidavit from 

### Applicant's defense counsel or TDCJmailroomrecords 

### regarding Applicant's appeal. If the Court finds that Applicant was deprived of the right to file a pro se brief, the State requests that Applicant be granted a new appeal in the form of the opportunity to file an out-of-time pro se brief... On July 7, 2014, the Trial Court signed an order designat ing issues stating that there were controverted, previously 

### unresolved issues material to the legality of the Applicant's EX PARTESOTO-REQUEST PAGE,2

### confinement exist. Specifically, "whether Applicant received notification from the Gourt:ofAppeals that his attorney filed An Anders Brief and that thedeadline for requesting the record had been set." 

### Upon thedesignation this issue Applicant fileditwo seperate requests for the appointment of counsel, bothwere unanswered. On December 2014, Applicant received notification from the court of Criminal Appeals that his writ had been received and presented to the court. C. ARGUMENT & AUTHORITIES 

### "[When] the convictingcourt decides that there controver ted, previouslyunresolved facts which are material to the legal 

### ity of the applicant's confinement, it shall enter an order within 20 day of the expiration of the time allowed for the state to reply, designating the issues of fact to be resolved. 

### To resolve those issues the court may order affidavits, deposit 

### ions, interrogatories... and hearings.... the convicting court may appoint an attorney or magistrate to hold a hearing and 

### make findings of fact... It shall be the duty of the reporter 

### woh is designated to transcribe a hearing heldpursuant to [art 

### icle 11.07] to prepare atranscript within 15 days of its con clusion. Tex. Code Crim. Proc. 11.07, sec. 3(d). This applicant has never received any resolution from the 

### Trial court, an attorney or magistrate on theissue designated. Applicant asserts that the court was required to notify him of the resolution of the issue via findings of fact, and
EX PARTESOTO-REQUEST PAGE,3conclusions of law. Applicant asks the court to forward to him any resolution filed by the Trial court related to the issue designated. Alternatively, Applicant asks the Court to re-designate the issue as to whether applicant was properly notified of his opportunity to file a pro se brief on appeal. D. PRAYER For all of these reasons, Applicant prays the court order the resolution of the issue. Respectfully submitted,
Armando F. Soto •1740241-Coffield Unit

2661 F.M. 2054 Tennessee Colony, Tx 75884

EX PARTESOTO-REQUEST PAGE,4