## 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-81,252-02

EX P ARTE BIL LY LEE P AG E, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 26545-A IN THE THI RD DISTRICT COURT

F ROM AND ERSON 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 (Te x . C ri m . App. 1967). Applicant was convicted of ag g ravated assault and se ntence d to twenty y ear s’ imprisonment. Applicant contends that his counsel render ed ineffec tive assistance beca use counsel failed to timely file a notice of appea l f rom the sentenc ing of his a djudication of g uilt in Marc h of 2005. 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 Patterson , 993 S.W .2d 114, 115 (Tex. Crim. App. 1999); Ex parte Axe l , 757 S.W .2d 369 (Tex. Crim. App. 1988). I n these circ umstances, additional fac ts are neede d.2

As we held in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial cour t is the appr opriate f

orum for f

indings of f

act. This Court has previously rema nded this case twice. Our last order , dat ed De cembe r 17, 2014, order ed the trial court to obtain a response from coun s el re g arding Applicant’s claim of ineffe ctive assistance of counsel. That order also stated that the trial court was to inform this Court of the eff orts it made to obtain a response from counsel and the results of ever y such eff ort if counsel ref used to respond. We have rec eived no such response and there is no indication in the rec ord that counsel wa s ever

asked to re spond to Applicant’s cla ims. I t appea rs that Applicant is now repr esente d by counse l

. I f t h e trial court elec ts to hold a hear ing, it shall deter

mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall appoint an attorney to repr esent 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 fi n dings of fac t and conclusions of l aw as to whether Applicant timely informed the trial court or counsel of his desire to appea l the sentenc ing from his adjudication of g uilt hear ing. The trial court shall also make finding s as to why Applicant waited over nine y ear s to prese nt this claim to this Court. The trial court s h all also make any other finding s of fac t and conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s claim for habea s corpus relief

. I f the trial court ag ain fails to obtain a response from counsel or fails to make the finding s order ed by this Court, a show cause order to de termine why the trial court has ref used to comply with this C ourt’s orde rs may issue. This application will be held in abey ance until the trial court has resolved the fac t issues. The issues shall be resolved within 30 day s o f t h i s o rder

. A supplemental transcr ipt containing all3

aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwa rded to this Court within 45 day s of the date of this order

. Any extensions of time shall be obtained fr om this C ourt. Filed: May

13, 2015 Do not publish