IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. S-07-3241-CR IN THE 36TH DISTRICT COURT
FROM SAN PATRICIO 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 and indecency with a child and sentenced to twenty years' imprisonment.
Applicant contends that his counsel rendered ineffective assistance because counsel failed to timely file a notice of appeal. The trial court entered a timely Order Designating Issues to be resolved, requiring Applicant's trial counsel to submit an affidavit responding to Applicant's allegations. However, the district clerk incorrectly submitted to this Court the record in this application prior to receiving any order from the trial court resolving the disputed issues.
This application will be returned to the trial court and held in abeyance until the trial court has resolved the fact issues.
Filed: November 26, 2008
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