IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-91,642-01 & WR-91,642-02
EX PARTE RYAN ALEX LEWIS, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 23254A & 23256A IN THE 356TH DISTRICT COURT
FROM HARDIN COUNTY
Per curiam.
ORDER
Applicant was convicted of aggravated sexual assault of a child and sentenced to fifty years’
imprisonment in each cause. He filed these applications for writs of habeas corpus in the county of
conviction, and the district clerk forwarded them to this Court. See TEX . CODE CRIM . PROC. art.
11.07.
Applicant contends that he was denied his right to an appeal because counsel and the trial
court informed him that he waived his right to appeal, but made an open plea of guilty without a plea
agreement, so he should have had the right to appeal the sentences. He states that he would have
appealed had he known he had the right to do so. Applicant has alleged facts that, if true, might
entitle him to relief. Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988); Jones v. State, 98
2
S.W.3d 700 (Tex. Crim. App. 2003). Accordingly, the record should be developed. The trial court
is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial
court shall order trial counsel to respond to Applicant’s claim. In developing the record, the trial
court may use any means set out in Article 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 wants to be represented
by counsel, the trial court shall appoint counsel to represent him at the hearing. See TEX . CODE
CRIM . PROC. art. 26.04. If counsel is appointed or retained, the trial court shall immediately notify
this Court of counsel’s name.
The trial court shall make findings of fact and conclusions of law as to whether Applicant
pleaded guilty pursuant to a plea agreement, or pleaded open to the court. The trial court shall make
findings as to whether Applicant was denied his right to an appeal. The trial court may make any
other findings and conclusions that it deems appropriate in response to Applicant’s claim.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: September 30, 2020
Do not publish
Lewis, Ryan
Combined Opinion