IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,495-02
EX PARTE DERRICK JERMAILE SHERFIELD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1264401-A IN THE 179TH 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 aggravated
robbery and sentenced to thirty-five years’ imprisonment. According to the record, he did not appeal
his conviction.
Applicant contends that he filed a “motion for appeal” on December 13, 2012, and that
counsel advised him that he had to file the appeal himself. The trial court made findings of fact and
conclusions of law in response to Applicant’s ineffective assistance of counsel claim. It
recommended that we deny relief.
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We do not believe that the record is adequate to resolve Applicant’s claims. 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 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.
The trial court shall make further findings of fact and conclusions of law as to whether
Applicant waived his right to appeal. Although there is not a waiver of appeal in the plea papers that
were forwarded to this Court, the judgment says that appeal was waived and permission to appeal
was not granted. The trial court shall also make further findings and conclusions as to whether
Applicant filed a timely and proper pro se notice of appeal or a document purporting to be a notice
of appeal. Finally, the trial court shall determine whether Applicant was denied his right to 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 shall
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be obtained from this Court.
Filed: September 17, 2014
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