Sikes, Jonathan Paul

• Court: Court of Criminal Appeals of Texas
• Decided: March 20, 2013
• Docket: WR-79,134-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-79,134-01 EX PARTE JONATHAN PAUL SIKES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 0993572D IN THE 297TH DISTRICT COURT

FROM TARRANT 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 four counts of aggravated sexual assault and two counts of indecency with a child. He was sentenced to imprisonment for twelve years for each aggravated sexual assault count and for five years for each indecency with a child count. The Second Court of Appeals affirmed his convictions. Sikes v. State, No. 02-10-00029-CR (Tex. App.--Fort Worth 2011, no pet.).

Applicant contends, among other things, that appellate counsel failed to notify him that his convictions had been affirmed on October 6, 2011. The trial court adopted the State's proposed findings of fact and conclusions of law and recommended that we grant Applicant an out-of-time petition for discretionary review. There is no indication from the record, however, that appellate counsel was given the opportunity to respond, and she should be given such an opportunity before being found ineffective. Rylander v. State, 101 S.W.3d 107, 111 (Tex. Crim. App. 2003). Accordingly, the trial court shall order appellate counsel to respond to Applicant's claim. 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 appellate counsel's response, the trial court shall make further findings of fact and conclusions of law as to whether appellate counsel rendered ineffective assistance. 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.

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: March 20, 2013

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