Ortiz, Juan Jr ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,383-02
EX PARTE JUAN ORTIZ, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 18-08-137-CRW-A IN THE 81ST DISTRICT COURT
FROM WILSON COUNTY
Per curiam.
ORDER
Applicant was convicted of burglary of a habitation and sentenced to thirty-five years’
imprisonment. The Fourth Court of Appeals dismissed his appeal. Ortiz v. State, No. 14-19-00481-
CR (Tex. App.—San Antonio Nov. 27, 2019) (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.
In a single ground, Applicant contends that he was denied his right to an appeal because trial
counsel failed to timely file a notice of appeal. On January 29, 2020, we remanded this application
and directed the trial court to order trial counsel to respond to Applicant’s claim. On remand, the
trial court made findings of fact and conclusions of law, but nothing in the supplemental record
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indicates that trial counsel was ordered to respond. Accordingly, the trial court shall order trial
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). Applicant appears to be represented by counsel. If he is not and 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 on
remand, the trial court shall immediately notify this Court of counsel’s name.
After reviewing trial counsel’s response, the trial court shall make further 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 may make any other findings and conclusions
that it deems appropriate in response to Applicant’s claim.
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 15, 2020
Do not publish