IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 39866IN THE 78TH JUDICIAL DISTRICT COURT
FROM WICHITA 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 possession with intent to deliver more than 400 grams of methamphetamine, and sentenced to eighty-five years' imprisonment.
Applicant contends, inter alia, that he was denied due process because the quantity of methamphetamine he is alleged to have possessed included a large quantity of toilet water from the toilet bowl in which the methamphetamine was found. Pursuant to a remand order from this Court, the district court had a quantitative analysis performed on the substance used to convict Applicant. The substance was found to contain 0.00675 percent methamphetamine. We order that this application be filed and set for submission to determine: (1) whether the inclusion of the weight of the entire contents of the toilet bowl in the weight of the controlled substance was an absurd result that the Legislature could not have intended; and (2) whether the inclusion of the weight of the entire contents of the toilet bowl violated due process. The parties shall brief these issues.
Further, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing either the order appointing counsel or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before May 15, 2007. Oral argument will be permitted, and the clerk will advise the parties of the submission date after the filing of the briefs.
Filed: February 14, 2007
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