## 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-83,109-01

EX P ARTE ROBERT F ARREN YORK, Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 12483-A IN THE 77 DISTRICT COURT T H F ROM LIMESTON 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 was convicted of prohibited sexual conduct a nd sentenc ed to ten year s’ imprisonment. He did not appea l his conviction. Applicant contends that his trial counsel rende red ineffe ctive assistance beca use did not discover a

nd advise Applica

nt that the prosec ution was barr ed by limit ations. 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 Moody , 991 S.W .2d 856, 857–58 (Tex. Crim. App. 1999). The trial court has made finding s in this case . Howeve r, in these circ umstances, additional finding s of fac t are2

neede d. As we held 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 shall order trial 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 f t he trial court elects t o hold a hearing , it shall deter mine whether Applicant i s indige nt. I f Applicant is indige nt and wishes to be repr es en t ed by counsel, the trial court shall appoint an attorney to repre sent Applicant at the hearing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make finding s of fac t and conclusion s o f l aw as to whether the perf ormanc e of App l i ca n t’s trial counsel was defic ient and, if so, whether counsel’s defic ient perf ormanc e prejudice d Applicant. The trial court shall make specific finding s addre ssing whether counsel advis ed Applicant of the applicable statute of limit ations in this case , and if counsel did advise Applica

nt, the court shall make specific finding s conce rningthe substance of the a dvice. I f the trial court finds that counsel err ed, it shall also make specific finding s addre ssing whether there is a rea sonable probability that, but f or counse l’s advice , Applicant would not have pleade d guilty and insisted on a trial instead. The trial court shall also make any o ther 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 re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The i s s u es s h al l be resolved within 90 day s of this order

. A supplemental transcript 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, alongwith 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 t his order

. Any extensions of time shall3

be obtained f

rom this Court.

Filed: Fe bruar

y 10, 2016 Do not publish