Stovall, Victor

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,652-01
EX PARTE VICTOR STOVALL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F-2010-0776-D IN THE 362ND DISTRICT COURT
FROM DENTON 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 driving while
intoxicated and sentenced to fifty years’ imprisonment. The Second Court of Appeals affirmed his
conviction. Stovall v. Texas, No. 02-11-00174-CR (Tex. App. – Fort Worth, September 13, 2012,
pet. ref’d.).
Applicant contends, among other things,1 that his appellate counsel rendered ineffective
assistance because appellate counsel failed to provide Applicant with copies of the appellate briefs,
1
This Court has reviewed Applicant’s other claims, and finds them to be without merit.
and failed to obtain permission from Applicant before filing a petition for discretionary review in
this Court. Applicant also alleges that appellate counsel failed to provide him with a copy of the
petition filed on his behalf. Applicant alleges that he specifically requested copies of the appellate
briefs so that he could file a pro se PDR, but that he was prevented from doing so because appellate
counsel filed one on his behalf without his approval.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984); Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). In these
circumstances, additional facts are needed. Pursuant to 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 order appellate counsel to respond to Applicant’s claims of ineffective assistance of counsel
on appeal. 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’s
appellate counsel provided Applicant with copies of the briefs in this case, and as to whether
appellate counsel sought permission from Applicant before filing a petition for discretionary review
on his behalf. 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: July 23, 2014
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