IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
ON APPLICATION FOR WRIT OF HABEAS CORPUS
CAUSE NUMBER 114-1126-02 IN THE 114TH
DISTRICT COURT SMITH COUNTY
Per curiam.
O R D E R
This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault and sentenced to imprisonment for a term of forty years. There was no direct appeal.
In this application for a writ of habeas corpus, Applicant contends that his trial counsel provided ineffective assistance. Initially, the trial court entered findings of fact and conclusions of law recommending that relief be denied. It was this Court's opinion, though, that additional information was needed before a decision could be rendered, including an affidavit from trial counsel addressing Applicant's ineffective assistance of counsel claims. The case was remanded to the trial court to obtain the affidavit. Additionally, this Court instructed the trial court that it could also order depositions, interrogatories, or hold a hearing.
The supplemental record supplied to this Court after remand indicates that trial counsel supplied an affidavit and that the trial court also conducted an evidentiary hearing. Based on the affidavit and the hearing, the trial court recommends that relief should still be denied.
The supplemental record supplied to this Court, however, does not contain a copy of either the affidavit supplied by counsel or a transcription of the evidentiary hearing. As such, the supplemental record does not support the trial court's findings. Thus, the trial court shall order that a second supplemental record be prepared that includes counsel's affidavit and the transcription of the court reporter's notes from the hearing. It shall further order that these material be forwarded to this Court within 45 days of the date of this order. (1)
DELIVERED: June 7, 2006
DO NOT PUBLISH
1.