Deckard, Benjamin Wayne ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,727-02
EX PARTE BENJAMIN WAYNE DECKARD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 31819-B IN THE 3RD DISTRICT COURT
FROM ANDERSON 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 three counts of
possession with the intent to deliver a controlled substance and one count of possession of
marihuana. He was sentenced to imprisonment for two terms of sixty years, one term of fifty years,
and one term of two years. The Twelfth Court of Appeals dismissed his appeal. Deckard v. State,
No. 12-15-00264-CR (Tex. App.—Tyler Dec. 16, 2015) (not designated for publication).
In a single ground, Applicant contends that he was denied his right to appeal because the trial
court failed to timely execute the certification of his right to appeal.
2
Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Patterson, 993
S.W.2d 114, 115 (Tex. Crim. App. 1999); Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988).
In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d
294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. The
trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
Applicant appears to be represented by counsel. 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.
The trial court shall make findings of fact and conclusions of law as to whether Applicant
was denied his right to appeal because the trial court failed to timely execute the certification of
Applicant’s right to appeal. 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 shall
be obtained from this Court.
Filed: June 8, 2016
Do not publish