Vossberg, Brent Joseph AKA Vossberg, Brent

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-84,522-01 EX PARTE BRENT JOSEPH VOSSBERG, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W13-12238J(A) IN THE CRIMINAL DISTRICT COURT NO. 3 FROM DALLAS 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 possession of cocaine with intent to deliver and sentenced to fifteen years’ imprisonment. Applicant complains, inter alia, of trial counsel’s representation at Applicant’s trial, and he alleges that he was denied his right to appeal. There is no response from counsel. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. 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. 2 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 claims of ineffective assistance of counsel and to state whether he advised Applicant of his appellate rights. See Jones v. State, 98 S.W.3d 700, 703 (Tex. Crim. App. 2003). 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 Applicant’s claims and whether Applicant was denied his right to a meaningful appeal through no fault of his own. 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: March 9, 2016 Do not publish