Robinson, Mundro L ( 2022 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. WR-93,497-01 & 93,497-02 EX PARTE MUNDRO ROBINSON, Applicant ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 2010-426,709-A & 2010-427,611-A IN THE 137TH DISTRICT COURT FROM LUBBOCK COUNTY Per curiam. ORDER Applicant was convicted of two charges of possession with intent to deliver a controlled substance and sentenced to twenty-five years’ imprisonment in each case. 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 that he was denied his right to an appeal because counsel incorrectly advised him that his guilty plea meant that he waived all rights to file an appeal although he could have challenged the voluntariness of his plea, his plea waiver, and allegedly erroneous duplicate court costs on direct appeal. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988); Jones v. State, 98 S.W.3d 700 (Tex. Crim. 2 App. 2003). 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 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 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 Applicant was denied his right to an appeal because trial counsel improperly advised him regarding his appeal rights. 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: March 16, 2022 Do not publish 1 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.