IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. W06-86351-W(A) IN THE 363RD JUDICIAL DISTRICT COURT
FROM DALLAS 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 pleaded guilty to forgery and was sentenced to 21 months' state jail confinement. He did not appeal his conviction.
Applicant contends, inter alia, that he received ineffective assistance of counsel, and that his plea was involuntary. The trial court has entered findings of fact and conclusions of law, finding that counsel's performance was not deficient and that Applicant's plea was knowingly and voluntarily entered. However, the trial court in its findings refers to an affidavit filed by trial counsel in response to Applicant's allegations, and this affidavit is not contained in the habeas record. Because the affidavit of counsel is necessary to this Court's disposition of Applicant's claims, the trial court shall supplement the record with a copy of the affidavit upon which the court's findings and conclusions are based. This application will be held in abeyance until the trial court has supplemented the habeas record with a copy of counsel's affidavit. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, shall be returned to this Court within 30 days of the date of this order. Any extensions of time shall be obtained from this Court.
Filed: June 6, 2007
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