Ex Parte Axel

*371OPINION

CLINTON, Judge.

This a post conviction habeas corpus proceeding pursuant to Article 11.07, Y.A.C. C.P., seeking relief in cause number 309325 in the 174th Judicial District Court of Harris County.

Essentially applicant contends that he was deprived of his right to appeal from a judgment of conviction in that his retained attorney failed to give notice of appeal or to file and present to the trial court a motion to withdraw from further representation of applicant. We ordered the cause filed and set in order to determine where lies the burden of counseling a defendant on his appellate…