IN THE COURT OF CRIM INAL AP P EALS OF TEXAS N O . W R - 9 2 , 5 8 2 - 0 2

E X P A R T E ROLANDO CALDERILLA, A p p l i c a n t

O N A P P L I C A T I O N F O R A W R I T O F H A B E A S C O R P U S C A U S E N O . 2 3 8 1 0 A I N T H E 3 5 6 D I S T R I C T C O U R T T H O F H A R D I N C O U N T Y

P e r c u r i a m . O R D E R Pursuant to the provisions of Article 11.07 o f t h e T ex as Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was co n v i ct ed o f burg lary of a habitation and sentenc ed to ninety -nine y ear s’ imprisonment. The Ninth Court of Appea ls aff irmed his conviction. Calderilla v. State , No. 09-19-00113- CR (Tex. App.—B eaumont J une 24, 2020)(not desig nated f

or publication). Applicant contends that he was denied the rig ht to file a petition for discreti o n ary revie w (PDR) to this Court. He alleg es that counsel failed to timely inform him of his rig ht to file a pro se2

PDR. Counsel provided an aff idavit to the Court stating that he does not have a copy of such letter, but that his normal prac tice would be to se nd such a le tter to Applicant. Applicant has alleg ed fac ts which , i f t rue, might entitle him to relief

. Ex parte Riley , 193 S.W .3d 900 (Tex. Crim. App. 2006). I n t h es e ci rc umstances, additional fac ts are neede d. As we held in Ex pa rte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate for

um for finding s of fa ct. 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), in that it shall order the Texas Depa rtment of Criminal J ustice’s Offic e of the Gene ral Counsel to file an affidavit and obtain mail room logs list ing whether Applicant re ceive d any leg al m ail from the date the a ppellate opinion issued, J une 24, 2020, until the date mandate issued in the c ase, A ug ust 18, 2020. I f any leg al mail was rec eived the aff idavit shall state from whom the mail was rec eived and whe n it was delivere d to Applicant. I f 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 an d wi s h es to be repr esente d by counsel, the trial court shall appoint 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 findings of fac t as t o whether Applicant rece ived any leg al m ail during the time fra

me when he could have filed a pro se PDR. The trial cour t 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 Applica

nt’s claim 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 issues shall be resolved within 90 day s of this order

. I f any continuance s are g rante d, a copy of the order g ranting the continuance shall be sent to this Court. A supplemental transcr ipt c ontaining 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 returne d to this Court within 120 day s of the date of this order

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

Filed: Jul y

27, 2022 Do not publish