DANIELS, DARRYL EARL Jr. ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,285-02
EX PARTE DARRYL EARL DANIELS, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 114-0391-C IN THE 114TH DISTRICT COURT
FROM SMITH 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 aggravated
robbery and sentenced to twenty years’ imprisonment. The Twelfth Court of Appeals dismissed his
appeal. Daniels v. State, No. 12-15-00023-CR (Tex. App.—Tyler Feb. 11, 2015) (not designated for
publication).
Applicant contends, among other things, that he was denied his right to appeal. 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
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(Tex. Crim. App. 1988). 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 trial counsel to respond. See Jones v. State, 98 S.W.3d
700, 702 (Tex. Crim. App. 2003) (“If the defendant decides to appeal, the attorney must ensure that
written notice of appeal is filed with the trial court.”). 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 him at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
After reviewing trial counsel’s response, the trial court shall make further findings of fact and
conclusions of law as to whether Applicant was denied his right to an appeal. 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 must be
requested by the trial court and shall be obtained from this Court.
Filed: September 12, 2018
Do not publish.