Coon, James Randall

• Court: Court of Criminal Appeals of Texas
• Decided: October 9, 2013
• Docket: WR-80,171-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

---

NO. WR-80,171-01

---

EX PARTE JAMES RANDALL COON, Applicant

---

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. WRIT07545 IN THE 196TH DISTRICT COURT

FROM HUNT COUNTY

---

            Per curiam.

O R D E R

            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 assault and sentenced to life imprisonment. The Fifth Court of Appeals affirmed his conviction. Coon v. State, No. 05-00-01573-CR (Tex.App.—Dallas del. Feb. 28,2002).

            Applicant complains that his appellate counsel failed to either adequately raise or brief his grounds on appeal, and he also contends that his appellate counsel failed to advise him of his right to petition pro se for discretionary review. See Strickland v. Washington, 466 U.S. 668, 687 (1984); Ex parte Wilson, 956 S.W.2d 25, 26 -27 (Tex. Crim. App. 1997).

            Applicant has alleged facts that, if true, might entitle him to relief. In these circumstances, additional facts are needed. Pursuant to 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 appellate counsel to respond to Applicant’s claims of ineffective assistance. 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 findings of fact and conclusions of law as to whether Applicant’s appellate counsel provided ineffective assistance regarding the claims he raised and briefed on appeal and 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 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 shall be obtained from this Court.

Filed: October 9, 2013

Do not publish