## 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-72,712-04

EX P ARTE LEO NARD F ARRELL WILL IS, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 15CR1465-83- 1 IN THE 122ND DIST RICT COURT

F ROM G ALVEST ON COUNTY

Per curiam . S L A U G H T E R , J., not participating. O R D E R Applicant was convicted of sexual assault and sentenc ed to forty y ear s’ imprisonment. The Four teenth Court of Appe als aff irmed his conviction. W

illis v. State , No. 14-17-00559- CR (Tex. App. — Houston [14 Dist.] April 30, 2019) (not desig nated for publication). Applicant filed this t h application for a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to thi s Court. See T E X . C O D E C R I M . P R O C . art. 11.07. The rec ord indicates that an Article 11.07 habea s application challeng ing this conviction was filed by habea s counsel in the t rial court on November 18, 2020. That applica tion was not signe d by Applicant himself, but includes the “Petitioner’s Statement” signe d by habea s counsel, cer tify ing that counsel has consulted with Applicant and that Applicant has g iven consent for the filing of theapplication on his behalf. Applica nt alleg es that he f

iled an ame nded application in the trial court

on November 26, 2020. Although the trial court enter ed a timely order desig nating issues as to the claims raised in the application filed by habea s counsel and subsequently enter ed finding s of fac t and

co n cl u s i ons of law addre ssing those claims, there is no indication that Applicant’s amende d applicati o n was rec eived or filed in the trial court, or that the claims raised there in wer e ever addre ssed by the trial court. The amende d application was not included in the habeas rec ord forwa rded to this Court. Ba sed on corr espondenc e in the rec ord betwee n Applicant and the Galveston County District Clerk’s Offic e, it appea

rs that Applicant wants his amende d application to be cons i d er ed

. The

corr espondenc e also indicates that Applicant did not reta in habea s counsel to file an application on his behalf

. Howeve r, Applicant does not alleg e that he wants the application filed by habea s counsel to be disreg arde d; rather , he appe ars to wa nt both applications to be consider ed. We rema nd this application to the trial court to obtain an aff idavit from habeas counsel confirming that she consulted with Applicant re gar d ing the filing of the habea s application, and obtained his consent to the filing of the application. I n addition, the Galveston County District Clerk should submit an aff

idavit stating whether Applicant’s amende d application was ever rec eived and filed in the district court. I f the amende d application was filed but not included in the habea s rec ord, the trial court shall ensure that the habeas re cord is supplemented with a copy of the amende d application, as w ell as any response s and findings of fa ct nec essar y to addre ss the claims raise d in the amende d application. The trial court shall make finding s of fac t and conclusions of law within thirty 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 n d , i n cluding , among other things, aff

idavits, motions, objections, proposed finding s and co n cl u s i ons, order s, andtranscr 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.

Filed: June 9, 2021 Do not publish