IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NOS. F87-78541-KN AND F87-78542-KN
IN THE 195TH JUDICIAL DISTRICT COURT OF 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 these applications for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the offenses of aggravated assault and received concurrent sentences of imprisonment for sixteen (16) years.
Applicant contends that his parole was revoked in violation of due process because expunged arrest records were used as evidence against him and he was coerced into waiving the preliminary and final revocation hearings by his parole officer's false promise that he would be released if he would sign the waiver. Applicant further contends that as a result of the invalid revocation, he is now being held in custody beyond his maximum discharge date. On July 11, 2006, the State filed responses in the district court requesting that the district court issue orders designating issues. Thereafter the district clerk forwarded the habeas records. It appears that the habeas records have been forwarded to this Court prematurely. We remand these applications to Dallas County to allow the trial judge to enter findings of fact and conclusions of law and complete the records.
These applications will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. Supplemental transcripts containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.
Filed: January 10, 2007
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