IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 00-F-0659-202-A IN THE 202nd DISTRICT COURT
FROM BOWIE COUNTY
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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault of a child and sentenced to ninety-nine years' imprisonment. The Court of Appeals affirmed his conviction. Goodspeed v. State, No. 06-01-00227-CR (Tex. App.-Texarkana, delivered June 21, 2005, no pet.).
Applicant contends that his trial counsel rendered ineffective assistance. Specifically, he contends that counsel (1) failed to conduct an adequate voir dire and used two peremptory strikes for veniremembers who had been already excused; (2) failed to cross-examine the complainant and outcry witness at a hearing pursuant to Tex. Code Crim. Proc. art. 38.072; (3) failed to investigate facts that might have revealed a different perpetrator; (4) failed to object at trial to the admission of an outcry statement and subsequent testimony of an outcry witness; and (5) failed to object at trial to the hearsay testimony of a non-designated outcry witness.
On March 8, 2006, we remanded the application and instructed the trial court to enter findings of fact and conclusions of law. On June 26, 2006, we received an order from the trial judge of the 202nd District Court who recommended that relief be denied. However, no affidavit from trial counsel was included in the record. Nor was a live evidentiary hearing held. According to an affidavit submitted by the State, trial counsel and the presiding judge are deceased. We believe that applicant has alleged facts that, if true, might entitle him to relief. Therefore, the trial court shall forward a copy of the trial record to his Court.
This application will be held in abeyance until the trial court sends a copy of the trial record. The trial court shall send the record within 30 days of this order. Any extensions of time shall be obtained from this Court.
Filed: July 26, 2006
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