IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. F-07-30377-V IN THE 292ND 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 was convicted of indecency with a child by contact and sentenced to seven years' imprisonment. He did not appeal his conviction.
The writ application was remanded to the trial court on March 21, 2012 for findings of fact and conclusions of law addressing Applicant's claim that his plea was involuntary due to counsel's ineffectiveness. Ex parte Cortez, WR-77,102-01 (Tex. Crim. App. Mar. 21, 2012) (unpublished). The order required resolution of the issues within 90 days and contained a 120-day deadline for submission of a supplemental transcript containing, inter alia, the trial court's supplemental findings of fact and conclusions of law.
This Court has before it a motion for extension of time, filed by the Writ Master appointed to aid the trial court in resolving the issues raised in the March 2012 remand order. According to the motion, the Writ Master was appointed on June 11, 2012, and Applicant was appointed counsel on June 22, 2012. According to the Writ Master's motion, he was appointed 82 days after the writ application was remanded to the trial court, with just over one week left to resolve the issues raised in the remand order.
The Writ Master's motion for extension of time is granted. The issues raised in the March 21, 2012 remand order shall be resolved within 90 days of this order. A supplemental transcript 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.
The trial court is ordered to make specific findings detailing the circumstances that led to the Writ Master's belated appointment. The issue shall be resolved within 30 days of this order. A supplemental transcript containing the trial court's findings addressing this issue and any supporting documentation or evidence shall be returned to this Court within 40 days of the date of this order. No extensions of time will be considered by this Court.
Filed: July 16, 2012
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