IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-92,678-01, 92,678-02, & 92,678-03
EX PARTE JACOB ALAN EDGAR, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 73,481-E-WR, 73,482-E-WR, 73,480-E-WR
IN THE 108TH DISTRICT COURT FROM POTTER COUNTY
Per curiam.
ORDER
Applicant was convicted of aggravated assault with a deadly weapon, burglary of a
habitation, and unlawful possession of a firearm by a felon, and sentenced to 99 years, 99 years, and
20 years’ imprisonment, respectively. The Seventh Court of Appeals affirmed his convictions.
Edgar v. State, Nos. 07-18-00327-CR, 07-18-00328-CR, & 07-18-00329-CR (Tex. App.—
Amarillo, Jan. 24, 2020). Applicant 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 appellate counsel failed to timely inform Applicant that his
convictions had been affirmed and advise him of his right to file a pro se petition for discretionary
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review. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Wilson, 956
S.W.2d 25 (Tex. Crim. App. 1997); Ex parte Crow, 180 S.W.3d 135 (Tex. Crim. App. 2005).
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 appellate 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 order the Texas Department of Criminal Justice’s Office of the General
Counsel to file an affidavit and obtain mail room logs listing whether Applicant received any pieces
of mail from appellate counsel after the Court of Appeals affirmed Applicant’s conviction. If so, the
affidavit should state the dates for such correspondence. The trial court shall make findings of fact
and conclusions of law as to whether appellate counsel timely informed Applicant that his conviction
had been affirmed and that he had a right to file a pro se petition for discretionary review. The trial
court shall also determine whether Applicant would have timely filed a petition for discretionary
review but for appellate counsel’s alleged deficient performance. The trial court may make any other
findings and conclusions that it deems appropriate in response to Applicant’s claims.
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,
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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: June 30, 2021
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