## 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-83,024-01

EX P ARTE MOSES GEORG E MACAU LEY, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 1265339-A IN THE 208 DISTRICT COURT T H F ROM HARRIS 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 (Te x . C ri m . App. 1967). Applicant was convicted of ag g ravated robber y with a deadly wea

pon and sentenc ed to twenty -five y ear s’ imprisonment. He did not appea l his conviction. Applicant contends that his counsel render ed inef fec tive assistance beca

use counsel failed to timely file a notice of appea l. The judgme nt in the instant case states that Applicant wa ived his rig ht to appeal a

nd that no permission to appea l was g rante d by the trial cour

t. Howeve r, the trial2

court ha s made a

specific finding that Applicant had the rig ht to appeal the c onviction. 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 f the trial court elec ts to hold a he aring , it shall determine whe ther Applica nt is indi g ent. I f Applicant i s i ndige 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 make findings of fac t and conclusions o f l aw as to whether Applicant waived his r ight to a

ppeal. The trial court shall make finding s of fac t a nd conclusions of law as to whether Applicant timely informed counsel that he wanted an appea l, and if so, what actions counsel took to fac ilitate that ap peal. The trial court 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 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 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 t his order

. Any extensions of time shall3

be obtained f

rom this Court. Filed: Apr il 22, 2015 Do not publish