## 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-80,819-02

EX P ARTE ALVIN EUGENE HINES, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 31047-A IN THE 3 DISTRICT COURT R D 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 (Tex. Crim. App. 1967). Applicant wa s co n v i cted of murder and sentenc ed to six ty year s’ imprisonment. His appea l was dismiss ed for want of jurisdiction. Hines v. State , No. 12-13-00325- CR (Tex. App.—Tyler Nov. 21, 2013) (not desig nated f or publication). Applicant contends that his counsel render ed inef fec tive assistance beca

use counsel failed to timely file a notice of ap p ea l

. Af t er a rema

nd, the trial court obtained a response from one of Applicant’s two tria l lawyers, a nd rec ommends g rantingrelief , despite findingthat Applicant wa s denied a meaning ful appea l due to his own actions. The wr it recor d contains no re sponse from the2

lawyer A pplicant alleg edly

said he would be contac ting a bout his appellate rights. 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). In 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 iate forum for finding s of fac t. The trial court s h al l o rd er counsel to respond to Applicant’s claim of ineffe ctive assistance of counsel. The trial court 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 t appea rs that Applicant is repr esente d by counsel. I f he is not repr esente d and the 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 hea ring . T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make additional finding s of fact and conclusions of law as to whether Applicant was denied his rig ht to a meaning ful appea l beca use Applicant’s counsel failed to timely file a notice of appea l. The trial court shall make specific fin d ings addre ssing whether Applicant contac ted his second trial lawyer about the appea l, and how that lawyer advised Applicant as to his appellate rights. The trial court shall also make any other additional 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 r elief. This application will be held in abeyance 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 hearing or3

deposition, alongwith the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court within 120 day s of t he date of this order. Any extensions of ti me shall be obtained f

rom this Court. Filed: January

28, 2015 Do not publish