Bilyeu, Jean-Pierre

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,418-01
EX PARTE JEAN-PIERRE BILYEU, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1546561-A IN THE 230TH DISTRICT COURT
FROM HARRIS 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 burglary of a
habitation with intent to commit assault and sentenced to eighteen years’ imprisonment. The
Fourteenth District Court of Appeals dismissed Applicant’s appeal because his notice of appeal was
not timely filed. See Bilyeu v. State, No. 14-18-00303-CR (Tex. App.—Houston [14th Dist.] May 1,
2018, no pet.) (mem. op., not designated for publication).
Applicant contends that his counsel rendered ineffective assistance because counsel failed
to timely file a notice of appeal. Applicant has alleged facts that, if true, might entitle him to relief.
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Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex.
Crim. App. 1999); Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988).
The trial court signed an order designating issues on August 8, 2018. The habeas record has
been forwarded to this Court by the district clerk pursuant to TEX . R. APP . P. 73.4(b)(5). However,
the record has been forwarded without the trial court having resolved the designated issue(s) in this
case.
We remand this application to the 230th District Court of Harris County to allow the trial
judge to complete an evidentiary investigation and enter findings of fact and conclusions of law. The
trial court shall order counsel to respond to Applicant’s claim of ineffective assistance of counsel.
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 Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether Applicant
was denied his right to a meaningful appeal because Applicant’s counsel failed to timely file a notice
of appeal. 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 must
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be requested by the trial court and shall be obtained from this Court.
Filed: October 23, 2019
Do not publish