## 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-90,022-01

EX P ARTE DYLAN SHANE CAAD, Applicant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. CR2012-502- 1 IN THE 207 DISTRICT COURT T H F ROM COMA L 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 robber y and sente nced to thirty

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. He also c ontends that counsel wa s ineffe ctive for g iving him ba d advice as to pa

role elig ibilit y , failing to inf orm him of the nature of the char g es, failing to perf orm

an adequa te pre- trial investiga

tion, failing to file reque sted motions, and failing to respond to phone calls and le tters from e ither Applica nt or his family

.2

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. As we he ld in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iat e fo ru m for finding s of fac t. The trial court shall order counsel to respond to Applicant’s claims of ineffe ctive assistance of counsel. The response shall state whether Applicant informed counsel of his desire to appea l, and if so, what actions counsel take to ensure Applicant’s appellate rig hts. The response al s o s h all state what advice , if any , counsel g ave to Applicant reg arding his parole elig ibilit y for this offe nse. The trial c ourt 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 a t 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 supplemental finding s as to whether Applicant informed counsel that he wished to appea l. The trial court shall make supplemental finding s of fac t a nd conclusions of law as to whether Applicant was denied his rig ht to a mea n i ng ful appea l beca use Applicant’s counsel failed to timely file a notice of appea l. The trial court shall 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 claims for ha

beas c orpus re lief. This application will be held in abey ance until the trial court has resolved the fac t issues. The i s s u es shall be resolved within 90 day s of this order

. A supplemental transcr ipt containi n g al l aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing or3

deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court wit hin 120 day s of the date of this order. A ny extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: Jul y

3, 2019 Do not publish