IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,400-01
EX PARTE JAMES DUBOSE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 20-11-B IN THE 25TH DISTRICT COURT
FROM GONZALES 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 assault on a
public servant and attempt to take a police officer’s weapon. He was sentenced to concurrent terms
of ten and two years’ imprisonment. The Thirteenth Court of Appeals affirmed his convictions.
Dubose v. State, No. 13-12-00515-CR (Tex. App.—Corpus Christi May 1, 2014) (not designated
for publication).
Applicant contends that he was denied his right, through no fault of his own, to pursue a
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petition for discretionary review after his convictions had been affirmed by the Thirteenth Court of
Appeals. In an affidavit, counsel states that he informed Applicant of the appellate court’s decision.
Counsel, however, does not state whether he also informed Applicant of Applicant’s right to file a
petition for discretionary review. See Ex parte Wilson, 956 S.W.2d 25, 26-27 (Tex. Crim. App.
1997).
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984). 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 appellate counsel to respond to Applicant’s claim 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 timely informed Applicant that his convictions had been affirmed and of his right
to file a petition for discretionary review and whether Applicant was denied his right to file a petition
for discretionary review. 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
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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: October 14, 2015
Do not publish