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Ex Parte James Roland Mcallister,

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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 driving while intoxicated and sentenced to ten years’ imprisonment.

Applicant contends, among other things, that counsel rendered ineffective assistance because he failed to timely file a notice of appeal. On August 25, 2010, we remanded this application for findings of fact and conclusions of law. On remand, counsel stated in a sworn affidavit that Applicant did not tell him that he wanted to appeal his conviction. The trial court made findings of fact and conclusions of law, but it made no findings as to whether counsel’s affidavit is credible.

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