## 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-90,205-02

EX P ARTE BIL AL ABDUL JIHAD, Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 59534B IN THE 78TH DIST RICT COURT

F ROM WICHITA 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 pleade d g uilty to possession with intent to deliver a c ontrolled substance and wa s sentence d to twenty -five year s’ imprisonment. Applicant contends, among other things, that his counsel rende red ineffe ctive as s i stance 1 beca use counsel failed to adequately litigate a pre- trial motion to suppress, and failed to timely file a noti ce of appea l. The re cord indicates t hat although Appli cant pleaded guilty pursuant to a plea

This Court has review ed Applica nt’s other c laims and finds them to be without merit. 12

ag ree ment, he re tained the r ight to appe al pre -trial motions ruled on by the trial cour

t. 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 t h e appropriate forum for finding s of fac t. The trial court shall order trial counsel to resp o n d t o Applicant’s claims of ineffe ctive assistance of counsel. Specifica lly , trial counsel shall state whether Applicant did plead g uilty with the understanding that he could appea l from the trial court’s ruling s

on pre- trial motions. I f Applicant d i d re t ai n t h is rig ht to appea l, trial counsel shall state whether Applicant indicated that he wanted to a ppeal from the trial court’s denial of the pre- trial motion to suppress, or any other pre- trial motions ruled on by the trial court. I f Applicant did indicate a desire to a ppeal, trial counsel shall state whethe r he f iled notice of a

ppeal on Applica

nt’s behalf

, advised the trial court of Applicant’s desire to appea l, or reque sted that appellate counsel be appointed, and if not, why not. 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 f the trial c ourt elec ts to hold a hear ing, it shall dete rmine whe ther Applica nt is indi g ent. I f Appl icant is indige nt and wishes to be repr esente d by counsel, the trial court shall appoint an attorney to repre sent 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 first supplement the habea s rec ord with copies of the plea documents in this c ase, including any

written plea

ag ree ment, admonishments, waiver s and stipulations, and the trial court’ s ce rtification of Applicant’s rig ht to appea l. The trial court shall also supplement the

rec ord with copies of

any pre- trial motions that were ruled on prior to tr ial, and with transcr ipts of3

any pre- trial hear ings as well as the plea hear ing. The trial court shall make finding s of fac t and conclusions of law as t o wh et h er 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 also make any other finding s of fa ct and c onclusions of law that it dee ms releva nt and appr opriate to the dispositi on of Applicant’s c laim for habe as cor pus relief

. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of this o rd er . A s u p plemental transcr ipt containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to this Court withi n 120 day s of t he date of this order. Any extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: November

20, 2019 Do not publish