## 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-93,330-01 and WR-93,330-02

EX P ARTE LOVEL L JUNIOR KELLY, Appli cant ON AP P LICATIONS FOR WRITS OF HABEAS CORP US CAUSE NO. 1519288-A & 1519289- A IN THE 182 DISTRICT COURT N D F ROM HARRIS COUNTY

Per curiam . O R D E R Applicant was convicted of ag g rava ted assault with a deadly wea pon and felon in possession of a wea pon and sentenc ed to sevente en y ear s’ imprisonment in eac h cause . The Four teenth Court of Appea ls aff

irmed his convictions. Kelly v. State , No. 14-18-00104- CR & 14-18-00105- CR (Tex. App.—Houston [14 Dist.] Marc h 7, 2019)(not desig nated f or publication). Applica

nt filed these t h applications for writs of habea s corpus in the county of conviction, and the district cler k forwa rded them to this C ourt. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends t h at trial counsel was ineffe ctive beca use he failed to challeng e the conviction on double jeopar dy g rounds, he failed to challeng e an enhanc ement, and he chang ed the punishment elec tion without Applicant’s consent. Applicant also alleg es t h at appellate counsel failed to raise a vi able appellate issue and fa iled to inform him of his right to file a pro se petition2

fo r d i scre tionary revie w. Applicant has alleg ed fac ts that, if true, might entitle him to relief. Strickland v. W

ashington , 466 U.S. 668 (1984). 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 both trial and appellate counsel to respond to Applicant’s claims. I n developing the record, the trial court may use any means set out in Article 11.07, § 3(d). I f t he 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 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 immediately

notify this Court of counsel’s name

. 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 and Applicant wa s prejudice d. The trial court shall also make finding s

as to whether appellate counsel’s perf ormanc e was defic ient an d whether he timely informed Applicant of his rig ht to file a petition for discretionar y revie w. The trial court may make any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. The trial court shall make findings of fac t and co n clusions 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 finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, objections, 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

12, 2022 Do not publish