Watkins, Kenneth Terell ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-72,915-06, 72,915-07 & 72,915-08
EX PARTE KENNETH TERELL WATKINS, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 007-0006-20-A, 007-1196-19-A, & 007-1774-19-A
IN THE 7TH DISTRICT COURT
FROM SMITH COUNTY
Per curiam.
ORDER
Applicant was convicted of evading arrest with a vehicle, unlawful possession of a firearm
by a felon, and bail jumping/failure to appear, and sentenced to imprisonment for thirty, twelve, and
five years, respectively. He filed these applications for writs of habeas corpus in the county of
conviction, and the district clerk forwarded them to this Court. See TEX . CODE CRIM . PROC. art.
11.07.
Applicant contends, among other things, that his plea was involuntary because trial counsel
threatened Applicant with consecutive sentences if he did not accept the plea offers. Applicant also
contends that he was denied his right to an appeal because counsel failed to timely file a notice of
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appeal. Applicant has alleged facts that, if true, might entitle him to relief. Hill v. Lockhart, 474
U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781 (Tex. Crim. App. 2013); Garza v. Idaho, 139 S.
Ct. 738 (2019); Roe v. Flores-Ortega, 528 U.S. 470 (2000); Ex parte Axel, 757 S.W.2d 369 (Tex.
Crim. App. 1988). Accordingly, the record should be developed. The trial court is the appropriate
forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall order trial
counsel1 to respond to Applicant’s claims. 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 him 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 trial counsel’s
performance was deficient and Applicant would have insisted on a trial but for counsel’s alleged
deficient performance. The trial court shall make findings of fact and conclusions of law as to
whether Applicant was denied his right to an appeal because trial counsel failed to timely file a
notice of appeal. The trial court shall make specific findings addressing whether Applicant instructed
counsel to perfect appeal. 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
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If a defendant decides to appeal his conviction, trial counsel rather than appellate
counsel has the duty to ensure that written notice of appeal is filed with the trial court. Jones, 98
S.W.3d at 703.
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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: January 27, 2021
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