Clay, Adrian Jarod

• Court: Court of Criminal Appeals of Texas
• Decided: June 30, 2021
• Docket: WR-92,776-01
• Status: Published

Opinion

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.

ORDER

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 TEX . CODE CRIM . PROC. art. 11.07.

Applicant contends, among other things,1 that he was denied his right to an appeal after

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.

1 This Court has reviewed Applicant’s other claims and finds them to be without merit. 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. TEX . CODE CRIM . PROC.

art. 11.07, § 3(d). The trial court shall order adjudication counsel2 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

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 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 Do not publish

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.