Jefferson, Darrell King AKA Darnell King Jefferson ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,473-01
EX PARTE DARRELL KING JEFFERSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1439514-A IN THE 337TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of assault and
sentenced to thirty-seven years’ imprisonment. The Fourteenth Court of Appeals affirmed his
conviction. Jefferson v. State, No. 14-14-01024-CR (Tex. App.—Houston [14th Dist.] May 17,
2016) (not designated for publication).
Applicant contends that appellate counsel failed to timely notify him that his conviction had
been affirmed and advise him of his right to file a petition for discretionary review. On February 27,
2019, we remanded this application and directed the trial court to order a person at the Texas
2
Department of Criminal Justice’s mail system to respond and state whether Applicant received
correspondence from appellate counsel between May 17 and July 13, 2016. Ex parte Jefferson, No.
WR-89,473-01 (Tex. Crim. App. Feb. 27, 2019) (not designated for publication). We received
supplemental findings of fact and conclusions of law from the trial court, but nothing in the
supplemental record indicates that the trial court ordered and received a response from the Texas
Department of Criminal Justice’s mail system. The trial court shall comply with this Court’s
February 27 order. The trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07,
§ 3(d).
If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent.
If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an
attorney to represent him at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
After obtaining a response from the Texas Department of Criminal Justice’s mail system, the
trial court shall make further findings of fact and conclusions of law as to whether Applicant was
denied the opportunity to file a petition for discretionary review. The trial court shall also make any
other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition
of Applicant’s claim for habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time must be
requested by the trial court and shall be obtained from this Court.
3
Filed: August 21, 2019
Do not publish