Caad, Dylan Shane ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,022-01
EX PARTE DYLAN SHANE CAAD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR2012-502-1 IN THE 207TH DISTRICT COURT
FROM COMAL 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 thirty years’ imprisonment.
Applicant contends that his counsel rendered ineffective assistance because counsel failed
to timely file a notice of appeal. He also contends that counsel was ineffective for giving him bad
advice as to parole eligibility, failing to inform him of the nature of the charges, failing to perform
an adequate pre-trial investigation, failing to file requested motions, and failing to respond to phone
calls and letters from either Applicant or his family.
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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.
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. The response shall state whether Applicant
informed counsel of his desire to appeal, and if so, what actions counsel take to ensure Applicant’s
appellate rights. The response also shall state what advice, if any, counsel gave to Applicant
regarding his parole eligibility for this offense. 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 supplemental findings as to whether Applicant informed counsel
that he wished to appeal. The trial court shall make supplemental findings of fact and conclusions
of law as to whether Applicant was denied his right to a meaningful appeal because Applicant’s
counsel failed to timely file a notice of 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
claims 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
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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: July 3, 2019
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