Tugler, Keysha Keyyor ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,198-03
EX PARTE KEYSHA KEYYOR TUGLER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W16-47527-N(B) IN THE 195TH DISTRICT COURT
FROM DALLAS COUNTY
Per curiam.
ORDER
Applicant was convicted of aggravated robbery and sentenced to thirty-seven years’
imprisonment. The Fifth Court of Appeals affirmed her conviction. Tugler v.State, 05-17-00429-
CR (Tex. App.—Dallas July 12, 2018) (not designated for publication). Applicant filed this
application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded
it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends, among other things, that appellate counsel failed to advise her of her
right to file a pro se petition for discretionary review. Applicant has alleged facts that, if true, might
entitle her to relief. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997); Ex parte Crow, 180
S.W.3d 135 (Tex. Crim. App. 2005). Accordingly, the record should be developed. The trial court
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is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial
court shall order appellate counsel to respond to Applicant’s claim. In developing the record, the
trial court may use any means set out in Article 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 wants to be
represented by counsel, the trial court shall appoint counsel to represent her at the hearing. See TEX .
CODE CRIM . PROC. art. 26.04. If counsel is appointed or retained, the trial court shall immediately
notify this Court of counsel’s name.
The trial court shall make findings of fact and conclusions of law as to whether appellate
counsel timely advised Applicant that she had a right to file a pro se petition for discretionary
review. The trial court shall also determine whether Applicant would have timely filed a petition
for discretionary review but for appellate counsel’s alleged deficient performance. The trial court
may make any other findings and conclusions that it deems appropriate in response to Applicant’s
claims.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: April 1, 2020
Do not publish