IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-80,654-03
EX PARTE ERIC ALVARADO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 08-0038X(A) IN THE 71ST DISTRICT COURT
FROM HARRISON 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 two counts of aggravated robbery and was sentenced to two concurrent terms of
twenty-eight years’ imprisonment.
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. Strickland v.
2
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). 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 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 shall be obtained from this Court.
Filed: June 17, 2015
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