EX PARTE RAYMOND EARL JACKSON (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-70,664-01 AND WR-70,664-02

EX PARTE RAYMOND EARL JACKSON, Applicant

ON APPLICATION FOR WRITS OF HABEAS CORPUS

CAUSE NOS. W04-55434-MH AND F04-55330-MH IN THE

CRIMINAL DISTRICT COURT

FROM DALLAS COUNTY

Per curiam.

O R D E R

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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant's community supervision for convictions for protective order violations was revoked and he was sentenced to 8 years' imprisonment in each case.

Applicant contends that his counsel rendered ineffective assistance because counsel failed to timely file notices of appeal after the revocations of his community supervision.

Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 608 (1984); Ex parte Lemke, 13 S.W.3d 791,795-96 (Tex. Crim. App. 2000). 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 provide counsel with the opportunity 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). In the appropriate case, the trial court may rely on its personal recollection. Id.

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 as to whether Applicant was fully and properly advised by counsel about his right to appeal the revocations, whether Applicant executed waivers of any appeal from the revocations, and whether Applicant was denied his right to a meaningful appeal because counsel failed to timely file notices 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 claims for habeas corpus relief.

These applications 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. If any continuances are granted, a copy of the orders granting the continuance shall be sent to this Court. Supplemental transcripts 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: October 8, 2008

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