*1 IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-92,776-01

EX PARTE ADRIAN JAROD CLAY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2014-DCR-1353-C IN THE 197TH DISTRICT COURT FROM CAMERON COUNTY

Per curiam .

O R D E R

Applicant pleaded guilty to aggravated assault in exchange for deferred adjudication community supervision. He was later adjudicated guilty and sentenced to seven years’ imprisonment. He filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See T EX . C ODE C RIM . P ROC . art. 11.07.

Applicant contends, among other things, that he was denied his right to an appeal after ^[1] adjudication because adjudication counsel failed to timely file a notice of appeal. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Axel , 757 S.W.2d 369 (Tex. Crim. *2 2 App. 1988); Jones v. State , 98 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. T EX . C ODE C RIM . P ROC . art. 11.07, § 3(d). The trial court shall order adjudication counsel to respond to Applicant’s claim. ^[2]

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 T EX . C ODE C RIM . P ROC . 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 was denied his right to an appeal because adjudication counsel failed to timely file a notice of appeal. 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, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from hearings and depositions. See T EX . R. A PP . 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

Do not publish

[1] This Court has reviewed Applicant’s other claims and finds them to be without merit.

[2] If a defendant decides to appeal his conviction, trial counsel rather than appellate counsel has the duty to ensure that written notice of appeal is filed with the trial court. Jones , 98 S.W.3d at 703.