## 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 NOS. WR-93,387-01 & WR -93,387-02

EX P ARTE MARK

EUGENE F ULLER, App licant

ON AP P LICATIONS FOR WRITS OF HABEAS CORP US

CAUSE NOS. 10663-A & 10665-A IN THE 31 DISTRICT COURT FROM GR AY COUNTY ST

Per curiam . O R D E R Applicant was convicted of ag g rava ted sexual as s au l t o f a child, sentenc ed to six ty y ear s’ imprisonment, and indece ncy with a child, sentenc ed to twenty y ear s’ imprisonment. He filed this application for a writ of habea s corpus in the county of conviction, and the district cler k forwa rded it to thi s Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant alleg es that counsel was ineffe ctive duri n g the revoc ation hear ing for, among other things, not allowing him t o t es t i fy and failing to protec t a five y ear plea barg ain agr eeme nt which

was rea ched betwee n the parties. Applicant also contends that he was denied his rig ht to an appea l beca use counsel failed to timely file a notice of appea l. Applicant has allege d fac ts that, if true, might entitle him to relief

. Strickl a n d v. W

ashington , 466 U.S. 668 (1984); Ex parte Axe l , 7572

S

. W

. 2 d 3 6 9 (T ex. Crim. App. 1988); Jones v. State , 98 S.W .3d 700 (Tex. Crim. App. 2003). 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 ). T h e t ri al court shall order trial counsel to respond to A

pplicant’s claims. I n developing the rec ord, the trial court may use any means set out in Arti cl e 11.07, § 3(d). 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 and wants to be repr esente d by counsel, the trial court shall appoint counsel to repr esent him at the hear ing. S ee 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 findings of fac t reg arding whether counsel prevente d Ap p l i cant from testi fy ing in his own defense and whether a five y ear plea of fer was made and acce pted, and if so, how that deal did not move forwa rd. The trial court shall also make fi ndings of fac t and conclusions of law as to w hether Applicant wa s denied his r ight to a n appea l be cause trial counsel failed to timely file a notice of appea l. The trial court may make any other finding s and conclusions that it deems appropr iate in re sponse to Applicant’s c laims. The trial cour t s hall make findings of fac t and conclusions 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, af fidavits, 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.3

Filed: January

12, 2022 Do not publish