IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 2011-0084M-CR-A IN THE 97TH DISTRICT COURT
FROM MONTAGUE 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 pleaded guilty to possession of a controlled substance in a drug free zone, and was sentenced to five years' imprisonment.
Applicant contends that the search of his vehicle and seizure of the drugs were unconstitutional, that his trial counsel was ineffective, and that his plea was not knowingly and voluntarily entered..
The trial court entered findings of fact and conclusions of law on August 16, 2013, recommending that Applicant's habeas application be denied in part and dismissed in part. In those findings, the trial court makes reference to a Motion to Suppress and a Motion to Set Aside Plea of Guilty, filed and heard on May 15, 2012. The trial court finds that Applicant's trial counsel testified at that hearing, and also at a habeas hearing held on July 12, 2013. However, the habeas record contains no copies of any motions, and no transcripts of either of these hearings. In the absence of such documents, the trial courts findings of fact and conclusions of law are unsupported by the record.
This application will be held in abeyance until the trial court supplements the habeas records with copies of all of the relevant documents, including any motions filed by Applicant before or after the entry of his plea, and transcripts of all hearings, including the plea hearing, any hearings held on motions before or after the plea, and the habeas hearing conducted by the trial court on July 12, 2013. The issues shall be resolved within 90 days of this order. A supplemental transcript containing all affidavits and interrogatories and the transcription of the court reporter's notes from any hearing or deposition, along with the other documents described in this order, shall be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.
Filed: September 11, 2013
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