McAllister, James Ronald ( 2011 )

  IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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  NO. WR-74,104-01

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EX PARTE JAMES ROLAND MCALLISTER, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. D000333-R IN THE 260TH DISTRICT COURT

FROM ORANGE COUNTY

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           Per curiam.

O R D E R  

            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 driving while intoxicated and sentenced to ten years’ imprisonment.

            Applicant contends, among other things, that counsel rendered ineffective assistance because he failed to timely file a notice of appeal. On August 25, 2010, we remanded this application for findings of fact and conclusions of law. On remand, counsel stated in a sworn affidavit that Applicant did not tell him that he wanted to appeal his conviction. The trial court made findings of fact and conclusions of law, but it made no findings as to whether counsel’s affidavit is credible.

            The trial court shall make further findings as to whether counsel’s affidavit is credible. 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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: January 12, 2011

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