Aekins, Donald

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,053-01
EX PARTE DONALD AEKINS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-12-904056-A IN THE 403RD DISTRICT COURT
FROM TRAVIS 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
sexual assault and sentenced to fifty-five years’ imprisonment on each count. The Fourth Court of
Appeals vacated the judgment as to the third count and affirmed the judgment as to counts one and
two. Aekins v. State, No. 04-13-00064-CR (Tex. App.—San Antonio Nov. 6, 2013) (not designated
for publication). We affirmed the judgment of the court of appeals. Aekins v. State, 447 S.W.3d 270
(Tex. Crim. App. 2014).
Applicant contends that he was denied due process and equal protection of the laws because
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we denied his motion for an extension to file a petition for discretionary review (PDR) and failed to
file his PDR.
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). 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 shall obtain copies of the mail logs where was
incarcerated in June and July 2014 to determine when Applicant placed his PDR in the prison mail
system. The trial court may use any means set out in TEX . CODE CRIM . PROC. art. 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 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.
After obtaining the mail logs, the trial court shall determine when Applicant placed in his
PDR in the prison mail system. 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: April 22, 2015
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Do not publish