IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 35498 IN THE 33RD DISTRICT COURT FROM BURNET 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 a 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 sexual assault of a child and burglary of a habitation with intent to commit indecency with a child and sentenced to imprisonment for ninety-nine years' and life imprisonment, respectively.
On March 13, 2012, an order designating issues was signed by the trial court. The habeas record has been forwarded to this Court prematurely. We remand this application to the 33rd District Court of Burnet County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law addressing the issues raised in the application.
This application 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. 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. Any extensions of time shall be obtained from this Court.
Filed: May 16, 2012
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