## 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 NOS. WR-72,915-06, 72,915-07 & 72,915-08

EX P ARTE KENNETH TEREL L WATKINS, Appli cant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NOS. 007-0006-20-A, 007- 1196-19-A, & 007-1774-19- A

IN THE 7T H DISTRICT COURT F ROM SMITH COUNTY

Per curiam . O R D E R Applicant was convicted of evading arr est with a vehicle, unlawful possession of a firea rm by a felon, and bail jumping/fa ilure to appea r, and sentenc ed to imprisonment for thirty , twelve, and five y ear s, respe ctively

. He filed these applications for writs of habea s co rp u s in the county of conviction, and the district cler k forwa rd ed t hem to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends, among other things, that his plea was involuntary beca use trial counsel threa tened Applicant with consec utive sentenc es if he did not acc ept the plea offe rs. Applicant also contends that he was denied his right to an appe al bec ause c ounsel failed to timely file a notice of2

appea l. Applicant has alleg ed facts t hat, i f t ru e, m i gh t entitle him to relief

. Hill v. L ockhart , 474 U.S. 52 (1985); Ex parte Argent , 393 S.W .3d 781 (Tex. Crim. App. 2013); Garza v. Idaho , 139 S. Ct. 738 (2019); Roe v. Flores-Ortega , 528 U.S. 470 (2000); Ex parte Axe l , 757 S.W .2d 369 (Tex. Crim. App. 1988). 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 shall order trial counsel to respond to Applicant’s claims. I n developing the rec ord, the t ri al court may use any

1 means set out in Article 11.07, § 3(d)

. I f t he trial court elects t o hold a hearing , 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 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 reta ined, the trial court shall immedi at el y n o t i fy this Court of counsel’s na

me. The trial court shall make finding s of fac t and conclusions of law as to whether trial counsel’s perf ormanc e was defic ient an d Applicant would have insisted on a trial but for counsel’s alleg ed defic ient perf

ormanc e. The trial court shall make finding s of fac t an d co nclusions of law as to whether Applicant was denied his rig ht to an appea l beca use tri al co u n s el fa i led to timely file a notice of appea l. The trial court shall make specific f in d ing s addre ssing whether Applicant instructed counsel to perf

ect appea l. The trial court may make any other finding s and conclusions that it deems appropr iate in re sponse to Applicant’s c laims. 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

I f a de fenda

nt decides to a

ppeal his convic tion, trial counsel ra ther than a ppellate 1 counsel ha s the duty

to ensure tha t written notice of a ppeal is filed with the tria l court. Jones , 98 S.W .3d at 703.3

finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, o bjections, proposed finding s 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.

Filed: January

27, 2021 Do not publish